2.6.1. Role of Governor in a Hung Assembly

♤ In the context of government being formed by a non-majority party in Goa and Manipur, it has once again questioned the discretion of Governor in calling a person to form a government. Again this issue came to the fore after the recently concluded Karnataka assembly elections.

♤ Article 164(1) provides for the appointment of chief minister by the Governor. The Supreme Court clarified that there is no qualification mentioned in article 164(1) and reading it with collective responsibility in 164(2), the only condition chief ministerial candidate need to satisfy is that he/she should be commanding majority in the house.

♤ As for the appointment of Chief Minister, the Sarkaria Commission has recommended:

o The party or combination of parties with widest support in the Legislative Assembly should be called upon to form the Government.

o If there is a pre-poll alliance or coalition, it should be treated as one political party and if such coalition obtains a majority, the leader of such coalition shall be called by the Governor to form the Government.

o In case no party or pre-poll coalition has a clear majority, the Governor should select the CM in the order of preference indicated below:

 The group of parties which had pre-poll alliance commanding the largest number.

 The largest single party staking a claim to form the government with the support of others.

 A post-electoral coalition with all partners joining the government.

 A post-electoral alliance with some parties joining the government and the remaining supporting from outside.

♤ M.M. Punchhi Commission elaborated that the Governor should follow “constitutional conventions” in a case of a hung Assembly.

♤ While SR Bommai case related to discretion of Governor does not apply to hung assembly but it laid emphasis on floor test in the house within 48 hours (although it can be extended to 15 days) so that legislature should decide the matter and Governor’s discretion should merely be a triggering point.

The Governor must be true to the oath of office and must ensure that the person he/she invites to be Chief Minister will be able to form a responsible and reasonably lasting government in the State. Even Dr. B.R. Ambedkar in his speech described how a Governor should use his discretion not as “representative of a party” but as “the representative of the people as a whole of the State”.