Largest party or post-poll tie-up? Raj Bhavan faces old conundrum

The spectre of a hung assembly in Karnataka, with the Bharatiya Janata Party (BJP) notches away from a clear majority, has set off a familiar constitutional conundrum: who should the governor invite to form the next government?

In separate meetings with governor Vajubhai Vala, the BJP, and the post-poll alliance between the Congress and Janata Dal Secular, or JD(S), have both staked claims . The state assembly has 224 seats, of which polls were held to 222. The BJP won 104; the Congress 78, and the JD(S) 38. The Congress-JD(S) also claim the support of two independents. That gives the combine 118 seats.

Recent examples of Goa, Manipur and Meghalaya , where the governor chose to ignore the single-largest party, were then criticised by the Congress, which is now citing them as a precedent.

Normatively speaking, the brief for the governor is simple, says Sanjay Hegde, senior Supreme Court lawyer who is an expert on constitutional matters: “He or she (the governor) has to invite the leader of a party or an alliance who in his or her opinion is likely to command the confidence of the House.”

Analysts say a multitude of scenarios and possibilities that have emerged after the Karnataka results make it a tough call.

“If the BJP were to be invited and manages to break the Janta Dal (S), it has to steer clear of falling foul of the anti-defection law. Whatever decision the governor takes, whether calling the single largest party or another alliance, he mustn’t take any unnecessary step that could encourage or precipitate horse trading,” said GC Malhotra, a former secretary-general of the Lok Sabha.

GOVERNOR HAS TO INVITE LEADER OF PARTY OR ALLIANCE WHO IN HIS OR HER OPINION IS LIKELY TO COMMAND CONFIDENCE OF HOUSE, SAYS AN EXPERT