Experts debate the Presidential prerogative
A Ganesh Nadar in Bombay
With the electorate turning in a cliffhanger verdict, choosing to keep the resurgent Bharatiya Janata Party teetering on the brink of a clear-cut majority, all eyes are naturally on Rashtrapati Bhavan. With the Congress striving to string together a working combination in the 12th Lok Sabha -- on the facetious argument that the number of non-BJP supporters in the new House is larger -- things promise to be sticky for the President.
The last time the Lok Sabha was hung, in 1996, the President had no hesitation in inviting the single largest party, the BJP, despite it being clear that it would not be able to win a working majority in Parliament. As precedents go, it would do fine, but the President's role in such a situation has been left uncodified. Obviously, discretion demands that the President keep in mind the new government's ability to survive the game of numbers in Parliament as well.
Even constitutional experts Rediff On The NeT spoke to are not unanimous in their interpretation of the Presidential prerogative. Justice Bhaktavar Lentin, a former judge of the Bombay high court, believes that precedent shows the way. "The single largest party must be invited, and if they don't succeed then the second largest party. The United Front and the Congress cannot stake any claim now, whatever their combined strength," he said.
Constitutional lawyer Fali S Nariman said, "It is left to the discretion of the President. The convention is to invite the single largest party. If K R Narayanan does not do that, it will be controversial. Narayanan will give Atal Bihari Vajpayee the first chance, to be above any controversy. But there are no absolute rules for the President to follow. The overriding factor is who, in the mature judgement of the President, will command a majority."
Taking the other view is Soli Sorabjee, another eminent authority on the Constitution. "The President has to invite the leader of a party who in his opinion has a reasonable possibility of forming a stable government. Being the single largest party is not enough, he must convince the President that he has the support of other parties too to attain a majority. But the Congress-United Front will not find it easy to convince the President who will remain sceptical of their claim. When a UF government supported by the Congress was not stable, the chances of the President believing that a Congress government supported by the UF will be stable, are slim. The President will definitely ask, 'has the chemistry changed overnight?' "
However, Justice Hosbet Suresh, a former judge of the Bombay high court, differs in his opinion. "Convention is to invite a person who can command a majority in the House. We follow the British system, there the Queen does not have our problems because there were only two parties earlier and now three. Here there are too many parties. The last time despite being invited Vajpayee could not win the vote of confidence. Again in UP they used a wrong policy. The United Front and Congress are perfectly legitimate if they demand a chance to form the government if they can command a majority."
Elections '98
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