CPI(M) AT the Governor's Conference June 1997
Note Submitted By Harkishan Singh Surjeet
In
the
recent
period
the
political
situation
in
the
country
has
led
to
the
increasing
possibility
of
coalition
governments
both
at
the
Centre
and
in
the
States.
With
no
single
party
getting
a
majority
in
the
1989,
1991
and
1996
general
elections
to
the
Lok
Sabha,
attention
has
been
focussed
on
the
modalities
for
calling
upon
the
leader
of
a
party
or
combination
who
can
form
a
government
in
a
situation
where
there
is
no
clear
majority
for
a
single
party
or
combination
of
parties.
It
is
in
this
context
that
the
role
of
the
President
at
the
Central
level
and
the
Governors
in
the
states
assumes
importance.
Under
the
Constitution
the
President
and
the
Governor
is
entrusted
with
the
responsibility
of
forming
a
council
of
ministers
at
the
Central
and
State
level
respectively.
This
raises
a
number
of
issues
regarding
the
exercise
of
this
power
to
form
the
Council
of
Ministers
and
the
discretion
and
the
scope
of
the
powers
entailed
in
exercising
of
this
decision.
I
After
the
elections
to
the
Lok
Sabha,
if
the
results
show
that
there
is
no
single
party,
or,
a
combination
of
parties
which
fought
the
elections
together,
in
a
position
to
command
a
majority
in
the
newly
elected
house,
then
the
President
should
ascertain
:
a.
Whether
any
post-election
combination
of
parties
which
stakes
claim
to
form
the
government
is
in
a
position
to
command
a
majority.
b.
If
no
such
combination
stakes
its
claim,
or,
can
muster
the
strength
necessary
for
a
majority
in
the
House,
then
the
President
should
call
the
leader
of
the
single
largest
party
to
form
the
government.
c.
The
leader
so
appointed
to
hold
the
post
of
Prime
Minister
should
be
asked
to
prove
his
strength
on
the
floor
of
the
House
within
a
period
of
one
week.
A
long
time
should
not
be
given
to
prevent
horse-trading
and
unscrupulous
defections
and
counter-defections.
II
In
the
case
of
the
states,
after
the
elections
to
the
state
legislatures,
if
a
situation
arises
where
no
single
party
or
a
combination
(forged
before
the
elections)
is
able
to
get
a
majority
in
the
House,
the
Governor
should
proceed
as
follows
:
a.
The
Governor
should
ascertain
if
there
is
any
basis
for
the
claim
made
by
a
combination
of
parties
that
they
can
command
a
majority
in
the
House.
If
so,
the
leader
of
this
combination
can
be
called
to
form
the
government.
b.
If
the
major
parties
represented
in
the
House
who
constitute
a
majority
of
the
total
strength
give
in
writing
to
the
Governor
that
they
are
opposed
to
the
leader
of
the
largest
single
party
being
called
to
form
the
government,
then
the
Governor
need
not
call
that
leader
to
form
the
government,
as
it
will
be
clear
that
he
does
not
command
a
majority.
c.
The
Governor
may
call
the
leader
of
the
largest
single
party/bloc
in
a
situation
where
the
other
parties
do
not
give
in
writing
that
they
will
oppose
the
formation
of
such
a
government.
d.
Here
again
in
all
such
cases
where
there
is
no
clear
majority
for
the
leader
of
the
Party
or
combination
after
being
sworn
in,
the
Governor
should
ensure
that
the
test
of
strength
in
the
assembly
takes
place
within
a
week.
III
When
a
situation
arises
where
the
ruling
party/combination
has
lost
its
majority
in
the
House
due
to
splits
in
parties
or
certain
parties
withdrawing
support
then
the
President/Governor
should
within
a
short
space
of
time,
(say
three
days),
convene
the
Lok
Sabha/assembly
to
allow
the
leader
of
the
House
to
test
the
strength
on
the
floor
of
the
House.
All
claims
and
counter-claims
in
such
a
situation
should
be
tested
on
the
floor
of
the
House.
June
2,
1997
Points
Made
in
the
Presentation
of
Prakash
Karat
"The
Role
of
the
Constitutional
Head
when
following
elections
when
no
party
or
combination
of
parties
appears
to
have
secured
a
majority".
1. In the development of parliamentary democracy in the country, the formation of coalition governments at the central and state levels marks a creative and innovative process whereby the diversity and aspirations of the people are being expressed. The CPI(M) does not see this as a negative phenomenon. What is required is for the political system, the Constitutional heads and the political parties to understand this process of evolution to a federal polity and respond to it meaningfully.
2.
After
the
elections
when
no
party
or
combination
which
fought
the
elections
together
has
a
majority,
it
is
not
binding
that
the
leader
of
the
largest
single
party
be
called
to
form
the
government.
For
instance
if
the
government
in
office
which
had
a
majority
goes
to
the
polls
and
loses
its
majority
but
still
remains
the
largest
single
party,
it
is
contrary
to
democratic
norms
to
call
the
leader
of
that
party
again
to
form
the
government.
The
verdict
of
the
people
was
a
defeat
for
the
ruling
party.
In
such
a
situation,
the
next
largest
party
or
combination
should
be
allowed
to
stake
its
claim.
3.
The
Sarkaria
Commission
has
set
out
in
order
of
priority,
options
for
the
Governor
about
whom
to
call
when
there
is
no
majority.
While
this
can
be
a
basis
for
discussion,
the
order
of
priority
requires
amendments.
If
there
is
a
post-electoral
combination
of
parties
which
commands
a
majority
in
the
House,
its
leader
should
be
called
overriding
the
claim
of
the
leader
of
the
largest
single
party/combination
which
has
no
majority.
4.
Responding
to
other
issues
raised
in
the
President's
speech
the
following
points
were
made
:
(i)
If
the
ruling
party
loses
elections
the
Prime
Minister/Chief
Minister
should
immediately
resign
as
soon
as
the
results
are
out.
There
should
be
no
delay
in
this
regard.
(ii)
After
the
composition
of
the
new
House
is
clear,
it
is
better
for
the
constitutional
head
to
wait
for
the
leader
of
some
party
or
combination
of
parties
to
stake
claim
to
form
the
government.
After
this
the
President/Governor
can
hold
consultations,
if
necessary,
with
parties
to
get
a
clear
picture.
In
the
interim
period,
the
caretaker
government
should
not
take
any
major
or
new
policy
decisions
or
make
major
appointments.
(iii)
The
leader
invited
to
form
the
government
when
there
is
no
clear
majority
in
the
House
for
any
party/combination
should
be
told
to
seek
a
vote
of
confidence
in
the
House.
The
period
stipulated
for
doing
so
should
be
within
a
week.
In
this
period,
the
government
should
not
take
any
major
policy
decisions
or
make
major
appointments.
(v)
Till
the
vote
of
confidence
is
taken
and
the
government
secures
it,
the
Governor's
address
setting
out
the
policies
of
the
new
government
should
not
be
undertaken.
It
should
be
done
after
the
vote
of
confidence.
(vi)
When
support
is
withdrawn
to
the
government
and
its
majority
in
the
house
is
in
question,
vote
of
confidence
must
be
sought
by
the
council
of
ministers
from
the
House.
(vii)
Regarding
the
steps
to
be
taken
to
safeguard
and
ensure
the
impartiality
of
the
Constitutional
head,
this
question
is
related
to
the
appointment
and
role
of
Governors.
This
matter
has
to
be
discussed
separately.
There
is
also
the
question
of
the
use
of
Article
356.
This
matter
is
being
taken
up
by
the
Inter-State
Council
and
a
panel
constituted
by
it.