Governor must ensure formation of a stable government in a State, Pg15

Key Highlights:

• The Supreme Court has established that a Governor cannot deny government formation once a majority is proven, unless a stable government is unlikely.
• The Sarkaria Commission and the Supreme Court emphasize giving Governors reasonable time to explore options for stable government formation.
• In a hung assembly, a Governor should first invite a pre-poll alliance with the most seats, then the single largest party, and lastly, a post-poll alliance.
• The Supreme Court's S.R. Bommai judgment allows Governors to consider either the single largest party or group, regardless of when the group formed.

Detailed Insights:

• The Governor's primary duty is to ensure a stable government to prevent a breakdown of constitutional machinery and the imposition of President’s Rule.
• The Supreme Court has cautioned against Governors using their position for partisan politics, emphasizing the need to preserve the Constitution.
• The Rameshwar Prasad case highlighted concerns about Governors recommending President’s Rule under Article 356 to favor the ruling party at the Centre.
• The Supreme Court has acknowledged that coalition governments are now common, and post-poll adjustments are acceptable when ideological similarities exist.

Key Concepts Involved:

• President’s Rule: The suspension of a state government and direct rule by the central government.
• Article 356: Constitutional provision allowing the President of India to impose President’s Rule on a state.
• Sarkaria Commission: A commission that examined the relationship and balance of power between state and central governments in India.