Hung Assembly - Goa & Manipur

Why in news?

Governor of Goa ignored the established principle of inviting the single largest party and appointed BJP leader Manohar Parrikar as the CM.

What is the situation?

• The Congress has won 17 seats in Goa and the BJP has 13 MLAs in a House of 40.
• The Governor did not consult the single largest party and invited BJP, who formed an alliance, to form the government.
• A similar situation has developed in Manipur, where its Governor invited the BJP to form the government, which won fewer seats than the Congress.
• These parties did not fight the election as part of a coalition.
• So the Congress should have been invited first.
• The BJP’s claim should have been considered only if the Congress pleaded inability or failed the floor test.
• It should not be based on who forms the alliance faster.
• Speed cannot be the overriding or pressing consideration for the governor while assessing a party’s claim to form government.
• Therefore decisions by both the Governors reflect partisanship.

What are Sarkaria Commission recommendations?

• The Constitution of India does not mandate any procedure to be followed by the Governor, in case of hung assembly.
• The convention of inviting the single largest party in such a case has been outlined by the Sarkaria Commission, which studied Centre-state relations in the 1980s.
• It specifically dealt with the situation where no single party obtained absolute majority.
• It provided the order of preference the Governor should follow in selecting a CM in such a situation –

1. An alliance of parties that was formed prior to the elections.
2. The single largest party staking a claim to form the government with the support of others, including independents.
3. A post-electoral coalition of parties, with all the partners in the coalition joining the government.
4. A post-electoral alliance of parties, with some of the parties in the alliance forming a government and the remaining parties, including independents, supporting the government from outside.

• They were affirmed by a Constitution Bench of the SC in Rameshwar Prasad v Union of India in 2005.

What are Punchhi Commission recommendations?

• The Justice M.M. Punchhi Commission on Centre-State Relations in 2010 laid down some guidelines to be followed in the appointment of a chief minister by a governor.
• It also said the governor should invite the leader of “a pre-poll alliance commanding the largest number” or the “largest single party” to form the government in case no party or pre-poll coalition has a clear majority.
• According to Bommai judgment, such a CM must prove the majority on the floor of the assembly.

What was SC’s ruling?

• Congress filed a petition challenged the Governor’s decision in the Supreme Court.
• SC asked the BJP government in Goa to prove its majority within 48 hours, instead of the 15 days’ time given by the Governor.
• But it was a half-measure.
• It should have upheld the principle of inviting the single largest party first.