In my Constitution class i was taught and even i taught to my students that India is a quasi-federal. But seriously i doubt is 'India a quasi federal'?
Governor as an agent of the Centre, further its he who bridges the gap between the Centre and the State in the recent past behaves arbitrarily.
The recent Karnataka election is one such example. It is not the only case even in States like Meghalaya, Goa, Manipur, Congress even after receiving the highest votes they were not able to form government because they do not had the sufficient votes to form Government. And the Governor of those States called the NDA to form Government.
In Karnataka it got reversed even though BJP has secured more votes but it does not have the sufficient number of votes to form the Government, but the Governor has exercised his discretionary power in calling the BJP to form Government.
Why then the Governors of Goa, Manipur, Meghalaya have not acted as per the orders of the Supreme Court in S.R. Boomai case, recommending for a floor test as done in Karnataka.
As cited in S.R. Boombai, Rameshwar Prasad and the report of the Sarkaria Commission. (Para 4.11.04 of Sarkaria Commission Report specifically deals with the situation where no single party obtains absolute majority and provides the order of preference the Governor should follow in selecting a Chief Minister. The order of preference suggested is:
– An alliance of parties that was formed prior to the Elections.
– The largest single party staking a claim to form the Government with the support of others, including “independents”.
– A post-electoral coalition of parties, with all the partners in the coalition joining the Government.
– A post-electoral alliance of parties, with some of the parties in the alliance forming a Government and the remaining parties, including “independents” supporting the Government from outside.) Courtesy: https://thewire.in/politics/karnataka-assembly-vajubhai-vala-india-governors. After witnessing continuously, the Centre-state relations and the Governor's manner of exercising his power, i feel its time to clearly demarcate on the powers of the Governor. Therfore its time to think about reviewing the Constitution in respect to Governor's powers and functions.
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