Relevance: GS-2 (Polity, Constitution, & Governance) |Source: The Hindu

1. What is the Core Issue?

In a democracy, voters elect their representatives. However, when election results are fractured, a unique administrative challenge arises.

• The “Hung Assembly”: This happens when no single political party wins a clear majority of seats to form the government.
• The Tamil Nadu Example: In the recent elections, the TVK emerged as the single largest party but fell short of the majority mark. After securing written support from other MLAs, the Governor invited them to form the government.
• The UPSC Focus: In such unclear situations, how much personal power (discretion) does the Governor actually have to decide who becomes the Chief Minister?

2. The Constitutional Framework

The Constitution provides broad rules but leaves specific crises to democratic tradition.

• Article 164(1): It states that the Chief Minister shall be appointed by the Governor.
• Situational Discretion: If a party wins a clear majority, the Governor has no choice but to invite its leader. But in a hung assembly, the Governor must use their own situational judgment to decide who is most likely to form a stable government.
• The Floor Test: A government cannot be formed just on paper claims. The ultimate proof of majority must be demonstrated by voting inside the Legislative Assembly.

3. The Standard Operating Procedure (SOP)

To prevent Governors from misusing their power, expert panels like the Sarkaria Commission (1987) and the Punchhi Commission (2010) created a strict rulebook (Order of Preference):

1. First Choice: An alliance formed before the elections (Pre-poll alliance).
2. Second Choice: The single largest party claiming support from others.
3. Third Choice: A new coalition formed after the elections (Post-poll alliance), where all partners join the government.
4. Fourth Choice: A post-poll alliance where some govern, and others support from the outside.

4. The Real-World Problem: Gubernatorial Overreach

The biggest friction in Centre-State relations occurs when Governors ignore these expert guidelines.

• Inconsistency: Governors have often acted arbitrarily. Sometimes they ignore the single largest party to favor a coalition; other times, they ignore a majority coalition to favor the single largest party.
• Threat to Federalism: Because Governors are appointed by the Centre, these erratic decisions lead to accusations of political bias (partisanship). This disrespects the voters’ mandate and harms the federal structure of India.

5. Judicial Safeguards: The Supreme Court

When Governors overstep, the judiciary steps in to protect democratic integrity.

• S.R. Bommai Case (1994): This is the ultimate landmark judgment. It ruled that a Chief Minister’s majority can only be tested on the floor of the House. The Governor cannot subjectively decide majority sitting inside Raj Bhavan.
• Rameshwar Prasad Case (2006): The Court stated that a Governor’s job is not to judge if a political alliance is “ethical.” Their only duty is to see if the leader can pass a Floor Test.

6. The Way Forward (Administrative Reforms)

Relying merely on unwritten “good faith” traditions is no longer sufficient. We need concrete rules:

• Codification of Conventions: We must amend the Constitution to make the Sarkaria-Punchhi guidelines strict, binding laws rather than just mere suggestions.
• Time-Bound Floor Tests: To stop “horse-trading” (the unethical buying and poaching of MLAs), the Supreme Court’s practice of ordering a Floor Test within 24 to 48 hours must become standard law.

UPSC Value Box 

• Gubernatorial Discretion: The personal judgment and decision-making power of the Governor.
• Federal Structure: The division of power between the Central government and the State governments.
• Horse-Trading: An informal term for the unethical political bargaining and purchasing of elected legislators to artificially create a majority.

Q.3. With reference to the discretionary powers of the Governor and government formation, consider the following statements:

1. The Constitution of India explicitly outlines the exact order of preference a Governor must follow when no party secures a clear majority in a State Assembly.
2. The Sarkaria Commission recommended that a pre-poll alliance should be given the highest preference to form the government in a hung assembly.
3. The Supreme Court in the S.R. Bommai case ruled that the strength of a government must be tested exclusively on the floor of the Legislative Assembly.

Which of the statements given above is/are correct? (a) 1 and 2 only (b) 2 and 3 only (c) 1 and 3 only (d) 1, 2 and 3

Correct Answer: (b)