‘Guv cannot use discretion in an arbitrary manner’

very strong reasons to discard that and prefer the single-largest party that claims support of 105 MLAS, which is well short of the majority. Now that he has invited the Bharatiya Janata Party (BJP) as the single-largest party, the new chief minister, after swearing in, should have been given a very short time to prove majority in the house.

In no event, should the governor give the impression that his office and his discretion have been used to facilitate horse trading. There are a few Constitutional precedents that come to mind when we talk about this issue — take the case of Sanjeeva Reddy. He was severely criticised for not inviting Jagjivan Ram to form a government after the Charan Singh government fell in 1980.

The Congress lost the 1989 election, but emerging as single-largest party, refused to stake claim to form the government. President Shankar Dayal Sharma invited Atal Bihari Vajypee, leader of single-largest party to form a government in 1996, and that government fell on the floor of the house in 13 days. Thereafter a combination of the United Front was called. Then there was Buta Singh, who in 2005 ever called any one in a hung assembly in Bihar to form the government and earned the censure from the SC.

Therefore it is clear that the head of state, while he has discretion, cannot use the discretion in an arbitrary manner or in a manner favouring one side.