Governor’s Role in Government Formation in a Hung Assembly Constitutional Provision The Governor appoints the Chief Minister under Article 164 of the Constitution of India. The Constitution does not prescribe a fixed procedure for selecting a Chief Minister in a hung Assembly. Objective of the Governor The Governor’s primary responsibility is to ensure the formation of a stable and responsible government in the State. The Governor must act according to constitutional conventions and not on personal discretion or political considerations. Guidance from Committees and Courts Recommendations of the Sarkaria Commission, the Committee of Governors (1970), and various Supreme Court judgments guide the Governor’s actions in such situations. These bodies emphasised that the Governor’s personal opinion or arbitrary decision-making has no constitutional relevance. Exploring Government Formation The Governor should explore all possible options with political parties, alliances, and independent MLAs to form a stable government. The process should be completed within a “reasonable time” to prevent political instability and horse-trading. President’s Rule as Last Resort If no party or alliance can form a stable government, the Governor may recommend President’s Rule under Article 356. The imposition of President’s Rule should be treated only as an extreme and final option. Dissolution of Assembly In the B.R. Kapur Judgment and Rameshwar Prasad Judgment cases, the Supreme Court held that the Governor may dissolve the Assembly under Article 174(2)(b) even before its first sitting if no viable government can be formed. Order of Preference for Inviting Parties The Sarkaria Commission recommended the following order of preference for government formation A pre-poll alliance commanding majority support. The single largest party capable of proving majority support. A post-poll alliance with majority backing in the Assembly. Minority Governments In the S.R. Bommai Judgment case, the Supreme Court stated that a government need not necessarily have an outright…
