Governor Vajubhai Vala holds the key to Government formation in Karnataka. The Governor has to take a call on whether he will invite the BJP, the single largest party, to form the Government, or will give a chance to Congress-Janata Dal(Secular) combine following their post-poll alliance.
While the Constitutional convention requires the Governor to invite the single largest party to stake claim to power, in the recent times in case of fractured mandates, Governors have exercised discretion by skipping the Constitutional convention and instead invited leaders of post-poll alliances to form a “stable” Government.
The options then before the Governor assume significance. The Sarkaria Commission’s report in 1988 suggested changes in the Constitution of India. Dealing with the Governor’s power to call the single largest party, the Commission outlined the convention to be followed in case of a fractured mandate where no single party is in a position to form a Government. In such a scenario, the Commission recommended that the Governor would be well within his rights to invite the largest pre-poll alliance combination. If this fails to materialise, the Governor will then call the single largest party to stake claim by claiming support of other MlAs, including Independents. It is only at the third stage, the Governor may call a post-poll alliance of political parties that claims to form a “stable” Government.
Finally, there can be a proposition where some of the parties in a post-poll alliance cobble up majority with outside support of Independents or other political parties.
The Supreme Court in 2005 accepted these recommendations and hence they became the law of the land. Recently, following the elections in Goa and Manipur, the Governor exercised discretion by not inviting the single largest party, the Congress, thereby violating this rule laid down by the SC. The Governors of the two States invited the BJP instead to form the Government, which did so with the support of other political parties and Independents.
Aggrieved by the decision of Goa Governor, the Congress party approached the apex court to stall the oath-taking of the BJP Government led by its former Chief Minister Manohar Parrikar. The apex court refused to interfere saying that the Congress, despite having majority, did not claim to form the Government. It is this mistake the Congress has sought to correct this time in Karnataka by wasting no time to display the letter of support from the JD(S) and allowing the latter the privileged seat of the Chief Minister.
Constitutional expert and former lok Sabha Secretary General Subhash Kashyap believes that the Governor’s call is left to his satisfaction on whether the single largest party or the single largest coalition has the numbers to form the Government. There are precedents in the past which support the Governor’s decision to invite the single largest coalition first.
In this context, AICC communication incharge Randeep Surjewala in series of tweets pointed out how President KR Narayanan had set a fair and Constitutional precedent by inviting Atal Bihari Vajpayee to form and lead a coalition Government in March , 1998.
Surjewala cited Naryananan stating that, “When no party or pre-election alliance of parties is in a clear majority, the Head of State has in India or elsewhere, given the first opportunity to the leader of the party or combination of parties that has won largest number of seats.”
He also said that BJP’s claim of ‘single largest party’ to be invited is demolished by 3 recent precedents set by them. “Goa (March 2017) Assembly strength - 40. Congress - 17. BJP - 12. The BJP was invited to form the Government by the Governor in a post poll coalition BJP+MGP+GFP. Manipur (March 2017) Assembly strength - 60. Congress - 28. BJP - 21. The BJP was invited to form the Government by the Governor in a post poll coalition. And Meghalaya (March 2018) Assembly strength - 60. Congress - 21. BJP - 2. The BJP was invited to form the Government by the Governor in post poll coalition with NPEP+UDP+PDF+HSDPDP,” he said.