Inter-state meet to focus on Article 356

The misuse of Article 356 of the Constitution and the role of governors will be in focus again on November 28, when the full-fledged Inter-State Council meets.

Though the controversial issues were discussed at yesterday's Inter-State Council standing committee meeting, a well-defined code would be laid down only after Prime Minister Inder Kumar Gujral and chief ministers of all states endorse the suggestions at the next meeting.

Union Home Minister Indrajit Gupta told the media that in view of the recent developments in Uttar Pradesh the governor's role dominated the proceedings.

Gupta presided over the meeting which was attended by West Bengal Chief Minister Jyoti Basu, his Maharashtra, Orissa and Rajasthan counterparts Manohar Joshi, J B Patnaik and Bhairon Singh Shekhawat. The chief ministers of Andhra Pradesh and Assam were represented by their cabinet colleagues. The Centre was represented by Finance Minister Palaniappan Chidambaram, Human Resource Development Minister S R Bommai and Defence Minister Mulayam Singh Yadav.

The chief ministers expressed their suggestions and reservations on the Sarkaria Commission's recommendations on the Centre-state relations.

As for the governor's appointment, the meeting decided that only eminent personalities from outside the state should be given the responsibility after consulting the chief minister concerned. Governors should not be given second terms.

Another suggestion -- that the governors should not contest the Presidential and vice-presidential elections or take part active in politics after their term -- was rejected.

The meeting decided that a new chief minister should be given sufficient time to prove his majority. Though some suggestions were made in this regard, no consensus could be reached on the exact timeframe.

About the governor's role in choosing a chief minister, Basu suggested that the leader of the single largest party should be called to form the government. If there is no such party, the leader of a coalition formed prior to the election, if such an alliance has absolute majority, should be invited. If there is no such pre-election alliance, the leader of the post-electoral coalition having an absolute majority should be called.

If all these alternatives fail, the governor may call the single largest party which may seek to form the government with the support of others, including Independents.

In case a caretaker government cannot be installed, the governor may recommend President's rule under Article 356 without dissolving the assembly, Basu said.

In case a fresh election cannot be held immediately, the governor should recommend President's rule under Article 356 without dissolving the assembly.

Patnaik said the governor should not be empowered to summon the legislative assembly to decide whether the ruling party has lost its majority in the assembly. He should do so on the chief minister's advice.

The governor, however, may himself summon the assembly under Article 174 when the chief minister fails to do so as per the governor's advice. Joshi said no politician should be appointed as governor.

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