New Delhi: With no end in sight to the stalemate over government formation in Maharashtra, a constitutional crisis may be in the offing in the state.
It has been two weeks since results for the assembly elections were announced 24 October, but differences between allies BJP and Shiv Sena over the chief minister’s chair continue to stall government formation.
The term of the current assembly expires Saturday, 9 November, and this has triggered speculation that Maharashtra may be headed for President’s rule.
But that may not be the case even if the BJP (105 seats) and the Sena (56), which together have 161 of the assembly’s 288 seats, fail to resolve their differences.
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The assembly will come into existence
The new assembly will come into existence immediately after the term of the previous one expires, even if there is no government formation, said constitutional expert Subhash Kashyap.
What this means is that the new MLAs will be sworn in, and will begin to get their salaries, allowances, etc.
To begin with, staking claim to form the government is a misnomer, Kashyap said. “According to the Constitution, there is no provision to stake claim to form the government… It is an unfortunate trend that has gained currency,” he added.
According to Kashyap, it remains the governor’s prerogative and discretion to decide who to call for government formation.
“The governor can invite the leader of the single-largest party to form the government or call the largest pre-poll alliance to form the government,” he said. “In any case, they have to prove their majority on the floor of the house.”
“If they fail to command majority support, the governor can call the leader of the second-largest party to form the government… And if they, too, are unable to prove their majority, the governor can recommend President’s Rule to the President,” Kashyap added. “But in any case, the President’s rule must remain the last resort.”
President’s rule can be imposed in the state for six months after which the Election Commission will have to announce fresh polls in Maharashtra. However, in the meantime, if any political formulation emerges that can prove its majority on the floor of the house, President’s Rule can be dissolved.
The Constitution lays down no time limit before which the governor should invite a party to form the government, but the governor should have invited one party or alliance to form the government by now, Kashyap said.
In fact, the governor can also send a message to all legislators to elect their leader by way of voting in case of such a stalemate.
While talks of government and alliance formation often take place through informal channels after election results are declared, Kashyap said, “ideally… talks of this nature should not happen in party offices, on the streets or in Raj Bhavan, but on the floor of the house”.
To be sure, there have been instances where a second alliance was called in after the first choice failed to prove their majority. In 1996, while Atal Bihari Vajpayee was invited by the President to form the central government, he failed to prove his majority 13 days later, and the United Front government was formed.
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This most unfortunate situation in Maharashtra now .It appears Sena is much after power than the welfare of the state. This is very bad situation. Entire country is watching this! Let Maharastrian people teach lessons to power mongers in days to come. BSNHebbar retd excecutive Canara Bank
I was explaining my 7 year old about politics, and now my 7 year old seems more sane than todays power hungry politicians
Very much unfortunate that after people given the mandate to both the party at one stack . knowing before the poll that they are one .
Had made a confusion whom to believe.
Hungry for power show the attitude of it.
We believe in modi ,let see?
As the situation stands, no party is coming out with a clear majority for formation of a Govt. in Maharashtra as if each party is keeping their cards close to their heart to unravel at the eleventh hour. The impasse will remain because of divergent views of the parties. To end the stalemate the Hon’ble Governor can call the leaders of the parties to show their strength both as alliances or as single party and if not satisfied ,declare President’s Rule so that all the dvelopmental programs in the State can begin work without further loss of time during the six month period of the rule.
Gujarat cannot rule over Maharashtra
Gujarat cannot and must not rule Maharashtra. So Marathi manoos is crawling to Italian senorita and a former de facto PM to bail him out. He wants to see his mulga as CM for at least a week. For, if not now, never. Aditya can in 2050 try to instal his daughter or son as CM. Jai Maharashtra.
It would be best if the Governor does not set off on fishing expeditions, inviting first the largest, then the second largest party, to form the government. The power which is generated by holding the CM’s post – for however transient a period – can be misused for bargaining. It is also time for our political system to outgrow this business of locking up legislators in fancy resorts. 2. The Governor is expected to be a sagacious person. There are four principal players, fortunately the independents are not a decisive factor. He can meet with all of them, urge any group that is a serious claimant to furnish him with letters of support from 145 MLAs. If that is not possible, a neat and clean declaration of President’s Rule.
We will first have President’s rule, then overnight, after a cool or cloudy night, we will learn that what used to be Maharashtra has now been divided into Vidarbha and something else. But they won’t be called Union Territories… Or who knows?!
BECAUSE, once Maharashtra goes out of the BJP’s hand, it will remain so for many decades to come.
The President can cut the story short. He MUST send a chartered plane to Hyderabad to bring Sultan Asaduddin Saalaauddin Owaisi straight to Shalimar Garden , which should be decorated in a splendid way. The CJI would administer oath to Barrister Owaisi as the CM of Maharashtra and give him 44 days to prove his majority. All his MIM candidates will have special voting right on that day. BJP abstains
.