. It, therefore, follows that the leader of a coalition of parties who have majority support has a prior claim to chief ministership over the leader of the single largest party without a majority of its own. Yeddyurappa. This clearly confers a fair measure of discretion, but is it untrammelled? Can the governor appoint whoever he wants? This is where you need to understand the Constitution, historical precedents and Supreme Court judgments.R.03 says something significantly different: "In choosing a chief minister, the governor should be guided by the following principles — (the first of which is) the party or combination of parties which commands the widest support in the Legislative Assembly should be called upon to form the government.04 supports this interpretation but the preceding section 4.The Constitution requires a stable government and that means the governor must appoint a chief minister who has majority support in the Assembly. The governor must choose the person who has or is most likely to have majority support rather than the leader of the single largest party unless, of course, the two are the same. Narayanan reverted to the correct constitutional position. But this formula was his own concoction. The Supreme Court has also clearly laid this down."

This clearly stipulates that the governor should choose the person who can command majority support and not simply the leader of the single largest party."So, to sum up, the requirement of our Constitution, numerous historical precedents and several Supreme Court judgments stipulate that while the governor has discretion in appointing a chief minister, it is only to the extent of identifying the individual who can command or best hope to command a majority in the Assembly. But in a hung Assembly, if a combination of smaller parties can together command a majority their leader has prior claim.11. It worked in 1989, but when President Shankar Dayal Sharma applied it in 1996 it led to the farcical 13-day minority BJP government headed by Atal Behari Vajpayee, although any credible assessment of the Lok Sabha would have established the existence of a coalition of parties with a clear majority which, therefore, had prior claim.In the 2006 Rameshwar Prasad case, the court ruled: "If a political party, with the support of other political parties or other MLAs, stakes claim to form a government and satisfies the governor about its majority to form a stable government, the governor cannot refuse formation of the government and override the majority claim because of his subjective assessment that the majority was cobbled by illegal and unethical means. If nothing happens, then the governor is duty bound to call the leader of the single largest party, but if someone goes to the governor with a list of supporters, then it is a different issue altogether. It was also, most unfortunately, overlooked by the Supreme Court in the early hours of Thursday morning. President Venkataraman sought to create a government by calling upon leaders of parties according to the size of their Lok Sabha representation. (the) governor is not an autocratic political ombudsman. Admittedly section 4.Now the view that the Sarkaria Commission gives priority to the claim of the leader of the single largest party over that of a post-electoral alliance is disputable.. Therefore he cannot appoint someone who patently does not have majority support or a credible potential to gain it."Similarly last year, in the Goa case, the Supreme Court ruled: "When no political party is in majority, then it is the bounden duty of the governor to see who can form the government.

The same constitutional logic applied in 2017 in Goa and Manipur and earlier this year in Meghalaya, when leaders of the second largest party could prove they had majority support.11.Now, let’s come to the R. Indeed, political parties are not even mentioned in the original The truth is rather than exercise his judgment to determine which leader had majority support in the hung Lok Sabha, a process which he feared could be messy, Venkataraman devised this formula to avoid possible controversy. (must give) the first opportunity to the leader of the party or combination of parties that has won the largest number of seats, subject to the Prime Minister so appointed obtaining majority support on the floor of the House within a stipulated time..S. The questions are: "Do governors have discretion in appointing a chief minister?" and "Is that discretion untrammelled or limited by other considerations?"Article 164(1) simply says that "the chief minister shall be appointed by the governor" which, prima facie, gives the governor the right to choose as he deems fit. In 2003, 2005 and 2013 governors in Karnataka, Jharkhand and Delhi bypassed the single largest party to call on an alliance of smaller parties because they constituted Wholesale Folding umbrella for sale a majority." Once again, the mesغير مجاز مي باشدe is clear.In the event that there is a party with a majority its leader obviously has to be the person the governor chooses. In turn, this means that the governor’s discretion is limited to determining who that individual might be. Venkataraman principle, established in 1989 when India got its first hung Parliament.India has several precedents where this is precisely what happened.This is why in 1998 President K. Narayanan’s order of March 12 is crystal clear and explicit: "When no party or pre-election alliance of parties is in a clear majority, the head of state. It has no basis in our Constitution and differs with the practice of theHouse of Commons which, till then, India had followed.

However, it’s not just historical precedents that have reinforced the constitutional requirement to appoint a stable government on the basis of choosing a chief minister who commands majority support. But, perhaps, the court might rectify that at the hearing on Friday.The political crisis in Karnataka has thrown up two questions which can only be clearly and undisputedly answered if we pay attention to the Constitution, historical precedents and Supreme Court pronouncements.Alas, the Karnataka governor ignored this when he administered the oath to B.. No such power has been vested with the governor.

Senior leader Ajay Maken, chairman of the party’s SC cell K.On Monday, however, Mr Modi "congratulated" Mr Gandhi on taking over as Congress chief. My best wishes for a fruitful tenure.To address speculation in the party that his elevation could mean the curtains down on a host of party veterans, Mr Gandhi has time and again promised a perfect "blend of the old and the new". His electoral credibility continues to remain suspect even among a section of party leaders. He has also been described as a "rockstar" due to the mega response to his rallies in Gujarat.

The first was Motilal Nehru followed by Jawaharlal Nehru, Indira Gandhi, Rajiv Gandhi and  Sonia Gandhi, who has been the longest serving Congress president clocking in a reign of 19 years. "The most crucial part will be to maintain a delicate balance between secularism and soft Hindutva," a senior Congress leader said.New Delhi: The scion of Nehru-Gandhi family and Congress vice-president Rahul Gandhi was finally crowned the 87th president of the Indian National Congress (INC) on Monday, an outcome which did not come as a surprise due to his unopposed candidature for the top post in a party election that was reduced to a formality.Earlier, Mr Gandhi had used seniors like Ahmed Patel, Ashok Gehlot and Kapil Sibal to deal with regional satraps like Lalu Yadav and Mulayam Singh Yadav."Congress insiders feel that besides the uphill task of taking on Mr Modi, the Congress president-elect would now have to chalk out the roadmap ahead.The announcement of Mr Gandhi’s election to the post was made by the Congress’ central election authority chairman Mullapally Ramach-andran.That the BJP, its president Amit Shah and the Prime Minister have begun to take him "seriously" became evident when they relentlessly targeted him and kept referring to him in their speeches.Till now Mr Gandhi’s record in electoral politics has been an embarrassment for the party.Mr Gandhi, 47, will officially take charge of the party by replacing his mother Mrs Sonia Gandhi on December 16, two days before the announcement of election results for Himachal and Gujarat Assembly polls.Regardless of the outcome of the Gujarat polls, a section of BJP leaders, while speaking to this newspaper, "appreciated" the way Mr Gandhi has managed to dodge the Modi-Shah’s baits with nationalist and communal overtones during the campaigning.

As for the changes expected in the Congress under its new president, speculation is rife that unlike his mother Mr Gandhi will not have any political secretary. Raju and communications chief Randeep Singh Surjewala may find a place in that panel.The Congress-elect is the sixth generation of Gandhi-Nehru family to lead the party.While the party and its leaders fell over each other on Monday to congratulate the president-elect, all eyes are on the outcome of Gujarat polls, being dubbed as a fight between Mr Gandhi and Prime Minister Narendra Modi. If Mr Gandhi manages to trounce Mr Modi in his home turf, he will emerge as nothing less than a superhero. He said Mr Gandhi will formally take over the reins of the party on December 16. "I congratulate Rahulji for his election as Congress president.As expected, Mr Gandhi was elected unchallenged.Mr Gandhi, often branded as "Pappu", particularly by the BJP, virtually stumped the saffronites with his new avtaar as he led the charge in Gujarat election whose final phase of polling is scheduled for December 14.Starting his political career in 2004 by winning Lok Sabha election from the family bastion of Amethi, Mr Gandhi became party general secretary in 2006.Mr Gandhi hasn’t merely taken on the BJP on the social media, but has won several rounds in this virtual battlefield which had so far been dominated by the saffronites. But if mauled and trounced in Gujarat, his leadership will again come under scanner and be questioned. Instead, there could be a panel to "advise and guide" the new Congress president. In 2013, he  became Congress vice-president.Congress leaders also said that Mr Gandhi will have to counter the "militant nationalism", being propagated by the BJP, with his "Nehruvian views".As for allies, the generations next, which include Akhilesh Yadav of the Samajwadi Party and Tejashwi Yadav of the RJD, are close to Mr Gandhi.

There was a minor storm in the teacup when Shehzad Poonawalla, Maharas-htra Congress state Wholesale wholesale tents for sale unit secretary, questioned called the organisational elections a sham. Mr Gandhi kept his focus on economic policies of the Modi government, while the BJP and its leaders evoked nationalism, Pakistan and even played religion and caste cards..The new-look Congress may also have a couple of vice-presidents, which may include former Lok Sabha Speaker Meira Kumar, Leader of the Opposition Ghulam Nabi Azad and former Delhi chief minister Sheila Dikshit. On Monday, Mr Poonawalla tweeted that Mr Gandhi’s election marked a black day for the party.