LUCID MAINS CURRENT AFFAIRS 2018

27. GOVERNOR’S ROLE IN KARNATAKA AND JAMMU & KASHMIR

INCIDENT IN KARNATAKA
• After election in Legislative Assembly, Governor called single largest party to make
government. But did not had majority to form government.
• Whereas, not given a chance to post coalition party though it had majority to form
government.
• SC ordered to take a floor test to the single largest party
to prove their majority.
• Later post poll alliance formed government as single
largest party did not have enough MLAs.
APPOINTMENT OF CHIEF MINISTER
• No procedure for appointment of CM in the Constitution.
• Article 164 says CM can be appointed by Governor.
• By convention, Governor appoint leader of majority
party as CM.
• If no party has majority, the matter will be left to the
discretion of Governor.
• But discretion of Governor has evolved over time.
GOVERNORS DISCRETION - CHANGES
• S R Bommai case judgment 1994 endorsed Sarkaria Commission Report of 1988.
 Recommended that in case of no pre poll alliance Governor should give first preference
to largest single party.
 Post poll alliance is the last option.
 Thus, limited Governor’s discretion.
• In Rameswar Prasad case judgment in 2006
 SC ruled that “there is nothing wrong with post poll adjustments”.
• Later in States like Goa, Meghalaya and Manipur etc Court accepted post poll alliance
forming government by having majority.
SIGNIFICANCE OF THE ISSUES
• High chance for Horse trading by buying and selling MLAs
 Will be catastrophic for democracy.
• Questions the effectiveness of Anti defection law and 10th Schedule.
• Conforms that Governors cannot abuse the power in the name of discretionary power.
 Must be backed by number of MLAs and should be proved by floor test.
• In case of Hung Assembly, conducting election again is expensive and will not promise
a sure solution as the result may be same after poll once again.
 Hence Post poll alliance forming a government would be a good solution.
WAY FORWARD
• Rules must be clearly written and not be left to the discretion of Governor.

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• Governor’s role must be to verify the letter of support in transparent and time bound
manner.
• Governor’s decision also must have a set deadline from the time the results are
announced.

• It’s time to bring the eligibility criteria for Governor post and clarity on the powers
exercisable under ambiguous situations.
• Security of tenure should be given to ensure immunity from the pressure of the political
powers.
• Punchhi Commission recommendations can be considered which include
 Make Governor’s office independent.
 Give guidelines for the qualifications for the post of Governor.
 Fixed tenure for Governor.
 Order of precedence for the political parties to be called for government formation.
• Anti defection law must be made tighter by abolishing Horse trading.
GOVERNORS RULE IN JAMMU AND KASHMIR
WHY TO FOCUS?
• Recently Governor’s rule has been imposed in Jammu and Kashmir following failure of
government.
• In all other states failure of government leads to President Rule under Article 356 of
Indian constitution.
• But in Jammu and Kashmir its Governor’s Rule.
WHY IS IT SO?
• Constitution of India grants special status to Jammu and Kashmir.
• It’s the only State to have a separate constitution.
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• Under Article 370 Section 92 of the State Constitution, failure of constitutional
mechanism in state cause Governor’s Rule for 6 months.
• Only after consent of the President.
WHAT IF GOVERNOR RULE IS IMPOSED?
• State Assembly is either kept suspended or dissolved.
• After 6month, if Governor Rule is not revoked, Jammu and Kashmir come under
President Rule as per Article 356 of Indian Constitution.
• In both case Governor administer the State as per Centre’s direction.
• If Legislative Assembly is dissolved during Governor Rule or President Rule, election
shall be held within 6 months.
• If Election Commission does not holds poll within 6 months from the date of dissolution,
reason must be given.

SIGNIFICANCE
• Difficult to maintain security situation with the absence of elected government and
militancy on rise.
• It’s for the 8th time – Governor Rule is imposed in Jammu and Kashmir.
 Affect policy making and development aspects.
• Derail the morale of voters and their trust in the system.
WAY FORWARD
• Governor must ensure the security of the State without most care.
• Governor must be assisted with best talented officers so that, will enable smooth
functioning.
• Conduct election as early as possible.
• Restore the functions of Legislative Assembly.

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