How is governor elected?Is he havibg a higher authority than Cm
Answers
As a matter of convention, the Governor 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 2006, President of India (then) Dr A P J Abdul Kalam while addressing the governors had emphasized the relevance of recommendations of the Sarkaria Commission and said “While there are many checks and balances provided by the Constitution, the office of the Governor has been bestowed with the independence to rise above day-to-day politics and override compulsions either emanating from the central system or the state system.”
In the Rameshwar Prasad Vs Union of India, 2006, 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:
1. The party or alliances which get the widest support in the Legislative Assembly should be called upon to form the government.
2. 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.
3. 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.
History of such cases
There are many such incidences in history where the political parties with fewer seats were invited to form the government by the governor.
In Manipur, the BJP won 21 constituencies and the Congress won 28 constituencies out of 60 Constituencies. But BJP managed to form an alliance.
In Goa, the BJP won 13 seats and the Congress won 17 seats out of 40 constituencies. Here also, BJP managed to form an alliance.
In Jharkhand, the BJP had won 30 out of 81 seats in 2005. The Jharkhand Mukti Morcha who won only 17 seats was invited to form the government.
In Jammu and Kashmir 2002, the National Conference won 28 constituencies but the governor invited the Congress and PDP who won 21 and 15 constituencies.
The BJP won 31 seats in Delhi in 2013, but the AAP who won 27 seats was invited to form the Government.
There are other such incidences which took place in 1952 (Madras), 1967 (Rajasthan) and 1982 (Haryana).
Constitutional Provisions
In 1993, advocates on Record Association Vs Union of India, case which was a case in regards to weight of “constitutional convention”, a seven-judge bench, in 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: “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.”
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