08 November, 2019
4 Min Read
Syllabus subtopic: Parliament and State Legislatures – structure, functioning, conduct of business, powers & privileges and issues arising out of these.
News: Term of current government in Maharashtra ends tomorrow.
Prelims focus: Role if governor in case of a hung assembly.
Mains focus: Implications and challenges involved.
While the existing Legislative Assembly will cease to exist post November 9, legal experts noted that there is no binding that the government should be in place by that day.
Governor’s role in such circumstances
The Governor would be expected to go as per an order of preference set out in the Sarkaria Commission recommendations, which have also been ratified by the Supreme Court. By the order of preference, the Governor can invite:
What after swearing in?
If no government can be formed, is President’s rule likely?
Article 356 of the Constitution provides for the imposition of President’s Rule in a state in “case of failure of the constitutional machinery in the state”.
As per the constitutional stipulation, it can be imposed in cases where the President, on receipt of report from the Governor of the state or otherwise, is satisfied that a situation has arisen in which the government of the state cannot be carried on in accordance with the provisions of the Constitution.
In Maharashtra‘s case, if the Governor is satisfied that no party or alliance can form a stable government would he recommend imposition of President’s rule.
Source: Indian Express
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