mridula sinha

Governor of Goa Mridula Sinha during a programme at Patna College in Patna

  1. Goa’s Governor Mridula Sinha’s has invited Manohar Parrikar of the BJP to form the government in the state.
  2. In a 40-member Goa Assembly, Congress (INC) has won 17 seats while BJP won 13 seats. But after candidates from the Maharashtrawadi Gomantak Party (MGP), the Goa Forward Party (GFP) and 3 Independents decided to support BJP, it got 22 MLAs which is now a majority in the house. Thus the Governor Mridula Sinha invited BJP to form government.
  3. The case of Goa is however a case of hung assembly where no party commands a majority and needs support from other parties.
  4. The Leader of Congress Legislature Party in Goa, Chandrakant Kavlekar, has however moved the Supreme Court challenging governor’s move.
  5. As per the petition, since Congress has emerged as the largest party in the state after elections, it should have been invited the first to claim the government. In a hung Assembly, the Governor is duty bound to invite the largest party (Congress) to form the government.
  6. The petition which said the Governor has violated established Constitutional practices as BJP has won just 13 seats as against 17 by Congress, which emerged as the single largest party in a hung assembly after recent elections.
  7. The petition is backed by the previous Supreme Court judgements on the same as well on the recommendations by various commissions like Justice Sarkaria commission on Centre-state relations.
  8. In 2006, The Supreme Court’s Constitution bench had severely criticised Bihar Governor Buta Singh for not inviting the single largest party led by Nitish Kumar in a situation where the elections had not ensured majority to any party though JD(U) had emerged as the single largest party. The apex court struck this move down as unconstitutional.
  9. The petitioner Kavlekar has cited this famous SC judgment which mandated that the single largest party gets the first chance to form the government which has been violated in this case of Goa.
  10. He also said that the Sarkaria Commission on Centre-State relations has recommended that single largest party must get the invitation to form the government to eliminate political manoeuvering by Centre through governor.
  11. As per the petitioner, BJP despite being in minority, is using its political clout at the Centre to form the government in an unconstitutional way.
  12. With the oath taking ceremony scheduled for March 14, Parrikar may have to wait for SC hearing on Kavlekar’s petition.
  13. What is the bigger picture?
  14. The politicization of the post of governor, the breakdown of the federal machinery based on cooperative federalism and a perpetual fear in the minds of the regional parties thriving on razor thin majority are the main issues of concern.
  15. Not just here, the politicization of governor’s post has been observed in the case of Arunachal Pradesh, Uttarakhand etc. where article 356 was imposed which was later struck down by the supreme court being imposed in a unconstitutional way. BJP had to therefore give up it’s claims on Uttarakhand.
  16. West Bengal Governor too had given a politically undesired and incorrect statement on the functioning of the state government which made didi furious and her venom against Modi increased many fold!
  17. Delhi’s LG Najeeb Jung fight with the elected CM Arvind Kejriwal is even known to the aliens on the planet mars!
  18. Big majority doesn’t mean a government on the whims and fancies of people in power. In all cases the constitutional framework has to be upheld and this becomes a bigger responsibility of the parties with huge majority to ensure that the constitution is not violated at any cost because what a government does now leaves a imprint on the future governments to pursue.