Role of the Governor in the government formation

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In the Constitution of India, which is a sovereign socialist secular democratic republic, the country has three levels of governments: the Central, the States and the Union Territories, besides the third level of governments, comprising the panchayats in rural areas and municipalities in urban areas. In India, the state governments are the level of government below the central government. Each state of the country is governed by the state government. There are 29 state governments in our country, each of which is headed by the governor and the chief minister. The CM also heads the council of ministers.
Role of Governor
The Governor of the respective has to first invite the single largest party to form the government. But the decision has to be an “informed one” and “on sound basis,” with a view to provide a stable government.
In the RAMESHWAR PRASAD V. UNION OF INDIA (2006) 2 SCC 1, case, a five-judge Constitution Bench, clearly recommended the suggestions made by the R S Sarkaria Commission in its report on Centre-State relations, which had emphasized on the impartiality of Governors and their role in upholding the constitutional mandate.
Later, the M M Punchhi Commission also elaborated that the governor should follow “constitutional conventions” in a case of a hung Assembly. Further, in a case of a Hung Assembly, the Punchhi Commission prescribed:
·         The party or alliances which get the widest support in the Legislative Assembly should be called upon to form the government.
·         If there is a pre-poll coalition or alliance, it should be treated as one political party. And in case, such coalition gets a majority, the leader of such alliances shall be called by the Governor to form the government.
·         In case no pre-poll coalition or party has a clear majority, the governor should select the Chief Minister in the order of priorities indicated here:
(i)          The group of parties which had a pre-poll alliance of the largest number.
(ii)         The largest single party which claims to form the government with the support of others;
(iii)       A post-electoral alliance with all partners joining the government;
(iv)       A post-electoral alliance where parties are joining the government and the remaining including independents are supporting the government from outside.
In the Nabam Rebia and Bamang Felix Vs Deputy Speaker case a five-judge Bench, recommended the views of the Punchhi and Sarkaria Commissions regarding giving the Governor an independent discretion to take a call on the floor test when the government has lost the confidence of the legislature.
In the S R Bommai case, a nine-judge Bench had underlined the significance of a floor test when there are claims by two political groups while laying down that the floor test must be conducted by the Governor as soon as possible.
Provision In The Constitution
In 1993, a nine-Judge Constitution Bench of the Supreme Court in Supreme Court Advocates-on-Record Association Vs. Union of India (1993) by 7-2 majority overruled the decision in SP Gupta’s Case (S.P. Gupta vs. Union of India), a late 1980’s case where a Supreme Court Constitution Bench held that ‘consultation’ does not mean ‘concurrence’ and ruled further that the concept of primacy of the Chief Justice of India is not really to be found in the Constitution. In this case in 1993 in regards to weight of “constitutional convention”, Supreme Court, had held that “there is no distinction between the ‘constitutional law’ and an established ‘constitutional convention’ and both are binding in the field of their operation.
The Supreme court also observed that “Once it is established to the satisfaction of the court that a particular convention exists and is operating then the convention becomes a part of the ‘constitutional law’ of the land and can be enforced in the like manner,”.
Article 164 of the Constitution says:
Article 164. Other provisions as to Ministers
(1) The chief Minister shall be appointed by the Governor and the other Ministers shall be appointed by the Governor on the advice of the Chief Minister, and the Ministers shall hold office during the pleasure of the Governor: Provided that in the State of Bihar, Madhya Pradesh and Orissa, there shall be a Minister in charge of tribal welfare who may in addition be in charge of the welfare of the Scheduled Castes and backward classes or any other work
(2) The Council of Ministers shall be collectively responsible to the Legislative Assembly of the State
(3) Before a Minister enters upon his office, the Governor shall administer so him the oaths of office and of secrecy according to the forms set out for the purpose in the Third Schedule
(4) A Minister who for any period of six consecutive months is not a member of the Legislature of the State shall at the expiration of that period cease to be a Minister
(5) The salaries and allowances of Ministers shall be such as the Legislature of the State may from time to time by law determine and, until the Legislature of the State so determines, shall be as specified in the Second Schedule The Advocate General for the State
Lok Sabha In Similar Case
In Lok Sabha, the debate between a combination of parties constituting a majority versus the largest single party lacking majority was answered by the former President Shri KR Narayanan.
Mr. Narayanan elaborated it in his communiqué in March 1998 when he invited Shri Atal Bihari Vajpayee to form the Government. He had said “when no party or pre-election alliance of parties is in a clear majority, the Head of State has in India or elsewhere, given the first opportunity to the leader of the party or combination of parties that has won largest number of seats subject to the Prime Ministers so appointed obtaining majority support on the floor of the house within a stipulated time.
This procedure is not, however, all time formula because situations can arise where MPs not belonging to the single largest party or combination can, as a collective entity, out-number the single largest claimant. The President’s choice of Prime Minister is pivoted on the would be Prime Minister’s claim of commanding majority support.”

Conclusion
In a democratic country, a representation of public interest should be of supreme importance because the governments are chosen by the people. Our constitution provides the ways to the government to be formed in the case of Hung Assembly. And it has given this prerogative to the Governors. So the governor should analyze which political party or alliance is forming the majority on the basis of constitutional provisions. And his decision should be followed by the political parties.







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