President should be convinced of BJP's stability claim, says Sorabjee
Former solicitor general of India and
constitutional expert Soli Sorabjee says the President
should call the leader of the Bharatiya Janata Party and its
pre-poll allies to form the government, after ascertaining
their capacity to provide a stable government.
Saying that it was a very difficult function that K R
Narayanan has to perform, Sorabjee said the President should call
the leader of the BJP and ask him if he could muster a majority. The
leader should also clarify the basis on which he was giving this assurance.
In addition, the President should be satisfied about the commitment
of the allies.
In a television interview, the eminent jurist said it was not
necessary for the President to follow any precedent on the issue as
he must take a 'situation to situation' decision using his
discretion. He should be satisfied that whoever forms the
government, provides a 'reasonably' stable ministry for a reasonable
time.
He was of the view that in the
present circumstances, the BJP was quite close to a working majority
with which it could make the government function.
Asked whether it was fair and proper to call the BJP, Sorabjee
said, "It may be fair and proper, though it may not be ideal. It
will be least unsatisfactory."
Why should Narayanan not call the Congress and the United
Front combine which had a few more seats than the BJP plus allies? The
legal expert said it was a historical fact that the United Front
with Congress support had demonstrated its inability to provide
a stable government.
He wondered whether another post-election alliance, this time the
United Front supporting the Congress to form the government, would
be successful.
Two months ago, the Congress brought down the UF government over
the Jain Commission report. Then what
makes them have an ''overnight change of heart, change of mind and
change of conviction, he asked.
The senior advocate said the leader of a party which had got a
mandate from the people should not be denied an opportunity.
However, Sorabjee felt that there was no universal formula or
inflexible rule that said that the single largest party be called to
form the govenment.
"Calling a single largest party which does not have a requisite
majority to prove will be an unfruitful exercise," he said, adding
that the Vajpayee experiment of 1996 was an example.
Sorabjee said in his view, the precedent which was followed by
Shanker Dayal Sharma in 1996 lost much of its utility in
the light of what happened subsequently. In order to see that there was no
repetition of 1996, Narayanan will have to assess the situation
and any decision prima facie will have to be tested on the floor of
the house.
He said the President has to perform a constitutional provision
and exercise his judgement with discretion. It was a political
decision which has to be discharged on a non-partisan basis.
People who think that the R Venkataraman formula in 1989 has
always to be followed were mistaken as the President was not bound to
act on convention.
The constitutional expert cited a judgment of the Lucknow bench
of the Allahabad high court which had struck down the BJP contention that the governor was wrong in not inviting it to form the
government. He said the governor had not invited the BJP as he was
unconviced about the party's ability to provide a stable government.
He further said the Supreme Court has recognised that the one
place where the President should exercise his discretion was at the
time of appointing the prime minister.
Sorabjee felt the President should not be under any fear
that his action would become controversial or would be criticised.
"Not performing a duty is no answer and the President should take a
decision."
"Frankly," Sorabjee said, "I have not seen any President who is
so particular about constitutional rectitude. Ultimately,
Narayanan will decide the matter in the best interest of the
country.''
UNI
Elections '98
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