Constitutional Provisions for Chief Minister Appointment
Why in News
The process of appointing a Chief Minister after an election, particularly when no single party has a clear majority, involves the Governor's discretion and constitutional timelines. This process is governed by specific articles.
Background
Understanding the Governor's constitutional role in government formation is crucial for federal governance and preventing political instability, especially in hung assembly scenarios.
Key Figure
• Article 164(1) — CM appointment • Article 164(2) — Collective responsibility • S.R. Bommai case — 1994 • Nabam Rebia case — 2016
Key Facts
- 1Article 164(1): Chief Minister appointed by Governor; other ministers appointed by Governor on CM's advice.
- 2Article 164(2): Council of Ministers collectively responsible to the State Legislative Assembly.
- 3Governor's Discretion: In case of hung assembly, Governor invites leader of largest party/pre-poll alliance to form government, usually with a time limit for proving majority.
- 4S.R. Bommai v. Union of India (1994): SC ruled that floor test is the ultimate test of majority, not Governor's subjective satisfaction.
- 5Nabam Rebia v. Deputy Speaker (2016): SC held Governor's discretionary powers are not beyond judicial review.
- 6No fixed timeline: Constitution does not prescribe a specific time limit for CM to prove majority, but SC judgments emphasize 'reasonable time.'
Exam Angle
The Governor's discretionary powers in appointing a Chief Minister and setting a timeline for proving majority are subject to judicial review, ensuring constitutional propriety and preventing arbitrary political interventions.
PYQ Connection
CONSTITUTIONAL: Article number; STATEMENT_TRAP: Governor's discretion; CHRONOLOGY: SC judgments.