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Recommendations of the Sarkaria Commission and the Punchhi Commission, with respect to the use of the “discretionary powers” of the Governor, in case of a Hung Assembly, can be associated with which of the following constitutional provisions?
Article 163: The Council of Ministers to aid and advise the Governor
Article 164: Other provisions as to the Ministers
Article 166: Conduct of business of the Government of a State
Article 174: Sessions of the State Legislature, prorogation and dissolution
Explanation: Article 164 – Other provisions as to the Ministers:
The Chief Minister shall be appointed by the Governor and the other Ministers shall be appointed by the Governor on the advice of the Chief Minister, and the Ministers shall hold office during the pleasure of the Governor. Discretion given to the Governor is based on the constitutional limitations and the Governor has to follow certain rules as specified by the Sarkaria Commission, which suggested that in choosing a Chief Minister, the Governor should be guided by the following principles:
? The party or combination of parties that commands the widest support in the Legislative Assembly should be called to form the government.
? The Governor’s task is to see that a government is formed – and not to try to form a government that will pursue the policies that he approves.
? If no party has a majority, the Governor has to invite:
(a) a pre-poll alliance,
(b) the largest single party that is able to gain majority support,
(c) a post-election coalition that has the required members,
(d) a post-election coalition in which the partners are willing to extend outside support.
? The Commission recommended that whoever is appointed as the Chief Minister, must seek a vote of confidence in the Assembly on the floor of the House, within 30 days of taking over. The Governor should not resort to the mechanisms, where determining of the majority of the government is done outside the Assembly.
By: Parvesh Mehta ProfileResourcesReport error
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