The Hindu : Governor should consult all parties: experts

Online edition of India's National Newspaper
Monday, Feb 25, 2002

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Governor should consult all parties: experts
By Our Special Correspondent

NEW DELHI, FEB. 24. The fractured verdict and a hung Assembly in Uttar Pradesh have once again turned the spotlight on the role of the Governor and Constitutional experts here are of the opinion that the Governor should consult leaders of all political parties before making moves leading to formation of the next Government.

In the light of previous experience, these experts said the best course for the Governor would be to talk to leaders of the Samajwadi Party, the Bahujan Samaj Party and the Bharatiya Janata Party and others and satisfy himself whether two or more parties were willing to join hands to give a stable Government before moving on to other options.

The former Law Minister, Shanti Bhushan, said the Governor should hear out all the major players who stake their claim and satisfy himself which combination could give a Government. ``After waiting for a reasonable period of time, if he finds no combination can form such a Government, he should then invite the single largest party (to form the Government) and leave it to the floor'', he said. Mr. Bhushan said the minority Government should not be asked to seek a confidence vote but leave it to the Assembly to chart its course.

Another expert, Rajeev Dhawan, said in case the single largest party was invited after other options did not work out, a minority Government need not be asked to prove its majority in the House. He said that the Governor would have to satisfy himself by the assurance the leader of the single largest party of the support he enjoys, seek the list only if required and actual verification be the last resort. He emphasised that Central rule should not imposed.

The former Additional Solicitor-General, Devendra Dwivedi of the Congress, said the task before the Governor was to give a Government and not impose President's rule. He said in the absence of any combination, the leader of the single largest party could be asked to explore the formation of a Government instead of appointing him straightaway as Chief Minister.

Another noted Constitutional expert, P.P. Rao, made a different offer. He said in case the Governor cannot satisfy himself that any group or combination of parties could offer to form the Government, he should wait for the parties to stake their claim and then leave it to the Assembly to elect its leader on the floor, instead of raising a controversy by swearing-in any Chief Minister ahead of it.

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