Karnataka Governor invites BJP to form government
Part of: GS Prelims and Mains III – Polity; Appointment of chief minister and role of Governor
Key Pointers:
Appointment of chief minister
The Constitution does not contain any specific procedure for the selection and appointment of the Chief Minister.
Article 164 only says that the Chief Minister shall be appointed by the governor. However, this does not imply that the governor is free to appoint any one as the Chief Minister.
In accordance with the convections of the parliamentary system of government, the governor has to appoint the leader of the majority party in the state legislative assembly as the Chief Minister.
But, when no party has a clear majority in the assembly, then the governor may exercise his personal discretion in the selection and appointment of the Chief Minister.
In such a situation, the governor usually appoints the leader of the largest party or coalition in the assembly as the Chief Minister and ask him to seek a vote of confidence in the House within a month.
Do you know?
Situational discretion (i.e., the hidden discretion derived from the exigencies of a prevailing political situation) of Governor.
Governor can use situational discretion in the following cases:
Appointment of chief minister when no party has a clear-cut majority in the state legislative assembly or when the chief minister in office dies suddenly and there is no obvious successor.
Dismissal of the council of ministers when it cannot prove the confidence of the state legislative assembly.
Dissolution of the state legislative assembly if the council of ministers has lost its majority.
Concept of ‘Political ethics’ and Bommai judgment
Former Supreme Court judge, Justice K.T. Thomas, said it is “political ethics” for the Governor to first invite the single largest party to form a “stable government.”
Justice Thomas refers to the Bommai judgment of 1994 to support his argument. The Bommai judgment endorses the Sarkaria Commission report of the 1988. The Commission recommends that in case of no pre-poll alliance among parties, the Governor should give first preference to the single largest party.
However, the Bommai judgment also mentions that the Governor can either invite the “single largest party/group.”
Part of: GS Prelims and Mains III – Polity; Appointment of chief minister and role of Governor
Key Pointers:
Appointment of chief minister
The Constitution does not contain any specific procedure for the selection and appointment of the Chief Minister.
Article 164 only says that the Chief Minister shall be appointed by the governor. However, this does not imply that the governor is free to appoint any one as the Chief Minister.
In accordance with the convections of the parliamentary system of government, the governor has to appoint the leader of the majority party in the state legislative assembly as the Chief Minister.
But, when no party has a clear majority in the assembly, then the governor may exercise his personal discretion in the selection and appointment of the Chief Minister.
In such a situation, the governor usually appoints the leader of the largest party or coalition in the assembly as the Chief Minister and ask him to seek a vote of confidence in the House within a month.
Do you know?
Situational discretion (i.e., the hidden discretion derived from the exigencies of a prevailing political situation) of Governor.
Governor can use situational discretion in the following cases:
Appointment of chief minister when no party has a clear-cut majority in the state legislative assembly or when the chief minister in office dies suddenly and there is no obvious successor.
Dismissal of the council of ministers when it cannot prove the confidence of the state legislative assembly.
Dissolution of the state legislative assembly if the council of ministers has lost its majority.
Concept of ‘Political ethics’ and Bommai judgment
Former Supreme Court judge, Justice K.T. Thomas, said it is “political ethics” for the Governor to first invite the single largest party to form a “stable government.”
Justice Thomas refers to the Bommai judgment of 1994 to support his argument. The Bommai judgment endorses the Sarkaria Commission report of the 1988. The Commission recommends that in case of no pre-poll alliance among parties, the Governor should give first preference to the single largest party.
However, the Bommai judgment also mentions that the Governor can either invite the “single largest party/group.”
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