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Precedent dictates that BJP is invited, say legal eagles

Syed Firdaus Ashraf in New Delhi

Despite the best efforts of the Congress and the United Front to form the next federal government, constitutional experts believe that the President has little choice in the matter but to invite the leader of the single largest party in the Lok Sabha.

Cast-iron precedent, if nothing else, militates against any other option, say the experts. In the 46 years since free India started exercising its franchise, not once has the President invited the second largest party to form the government before calling the largest party.

Justice P B Sawant, chairman of the Press Council, reflected this viewpoint. The judge told Rediff On The NeT, "No way will the President invite the Congress to form the government when the BJP is staking its claim."

Sawant also recalled that after the 1989 election, the then President R Venkatraman had invited Rajiv Gandhi to form the government even though the Congress had won only 192 seats and was in a minority, since it remained the single largest party. It was only when Gandhi turned down the invitation that Venkatraman invited V P Singh to form the government.

Sawant said, "The precedent has been clearly set, that the single largest party must be invited first. And only if it is not willing to form the government, can the second largest party be called."

Again, when the BJP withdrew support to the 11-month-old government of VP Singh in 1990 and the National Front government fell, the President once again invited the Congress, the largest party in the Lok Sabha, to form the government. Again, only after its refusal did he consider the claim of Chandra Shekhar who was being supported by the Congress from outside.

The experts were of the view nothing changes on the ground for the President even if the Congress and the United Front jointly approach him to stake their claim. In 1989, again, although the National Front had a pre-poll tie-up with both the Bharatiya Janata Party and the Left Front and thus won more seats in combination with each other, the President still went by the rulebook to invite the single largest party.

Former Union law minister Ram Jethmalani said, "The BJP is short of only 12 MPs, and I am sure if the President invites it to form the government more MPs will support the government. Or else abstain from voting."

Kapil Sibal, another wellknown lawyer, said, "The Constitution says nothing about the politics which is going on outside the House, so there is no compulsion that political allies should be part of the government. After all, the allies must not be wanting to be held responsible for the wrongs of the government."

Says Jethmalani, "When the Constitution was framed at that time there was no coalition politics. It began only in 1977, 30 years after Independence. So, considering all the factors, I am sure the President will invite the BJP and its allies to form the government since they are the largest constituent."

Though two days have lapsed since the results have come in, barring a handful, the President has not invited any party to form the government. According to the experts, there is no time limit within which the head of State has to make up his mind.

Says Sawant, "The President can decide to call the largest party to form the government anytime after the elections are declared. However, all the Presidents so far have invited the largest party within a week's time."

Elections '98

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