 "3 reasons why Maharashtra won’t have a constitutional crisis if next CM isn't sworn in today")
Three days after the ruling Mahayuti recorded a landslide win in the Maharashtra Assembly election, Chief Minister Eknath Shinde resigned on Tuesday, with alliance partners jostling to have the next chief minister from their camp. His resignation came on the day the current Assembly’s term ended, giving rise to speculation that the next chief minister must be sworn in by the day-end.
Shinde’s resignation was more the necessity of the protocol as Maharashtra Governor CP Radhakrishnan asked him to continue as the caretaker chief minister until the name of his successor is finalised and the next government is sworn in.
Shinde was accompanied by his two deputies — BJP leader Devendra Fadnavis and NCP’s Ajit Pawar. Fadnavis is said to be in the race to head the next government.
The formation of a new government is usually completed before the tenure of the outgoing government or the Assembly ends to ensure continuity in governance and avoid a power vacuum.
Tussle for CM post continues in Mahayuti
The landslide win has come with a lot of tension for Mahayuti and the three alliance members - the BJP, Shiv Sena (Eknath Shinde) and Nationalist Congress Party (NCP)-Ajit Pawar faction. They are not able to form a consensus as to who will be the chief minister.
BJP wants Fadnavis in the post, while Shiv Sena is adamant on Shinde’ name.
The BJP, which emerged as the largest party in Mahayuti, won 132 out of 232 seats the alliance contested on. The party is, therefore, claiming the chief minister post.
Shiv Sena, which won 57 seats, is also fighting for the top post citing NDA’s political arrangement in Bihar, where Nitish Kumar is the chief minister despite the BJP’s ‘big brother’ status in the coalition.
Impact Shorts
More ShortsSome Sena leaders say that Shinde should continue in the post because Mahayuti has won the 2024 Maharashtra election under his leadership.
Others believe that by naming Shinde, BJP will give a befitting reply to those who say the party uses and throws allies.
A few in Sena say that Shinde should continue as the CM as it will help the alliance perform better in coming elections to the local bodies in the state.
As uncertainty continues, here’s a look at why Maharashtra won’t have a constitutional crisis if the next chief minister isn’t sworn in today.
1 - Imposition of President’s rule
As per Article 356 of the Constitution of India, if a state fails to form the government before or on the day of deadline, then the President, after receiving a report from the Governor of the State, or otherwise, assume to himself all or any of the functions of the government other than the Legislature of the State.
The Article 356 confers a power upon the President to be exercised only where he is satisfied that a situation has arisen where the state government cannot be carried on in accordance with the provisions of the Constitution.
However, the power conferred upon the President under Article 356 is a conditioned power. It
is not an absolute power. The existence of material — which may comprise of or include the report(s) of the Governor — is a pre-condition.
After the imposition of the President’s rule, a state is directly administered by the Union government, which rules through the Governor, who acts as the head of the state’s administration.
The President’s rule after Assembly elections in Maharashtra is not new for the state as it saw brief periods of President’s rule post the 2014 and 2019 polls.
2 - The incoming government enjoys full majority
The Mahayuti alliance has not just managed to cross the magical number of 145 in the 288-seat Maharashtra Assembly. The election has not yielded a hung assembly and the incoming government enjoys the full majority based on the pre-poll alliance.
However, in a situation of political breakdown, the Governor should explore all possibilities of having a government enjoying majority support in the Assembly. If it is not possible for such a government to be installed and if fresh elections can be held without avoidable delay, he should ask the outgoing government to continue as a caretaker government.
3 - The precedent
In Maharashtra, three of the last four governments were sworn in after the previous assemblies.
The term of the 10th Maharashtra Assembly ended on October 19, 2004, but the new government with the eleventh Assembly was sworn in almost after a fortnight on November 1, 2004.
Similarly, the term of the 11th Assembly in Maharashtra ended on November 3, 2009, while the new government with the twelfth Assembly was sworn in on November 7, 2009.
The term of the 13th Assembly in Maharashtra ended on November 9, 2019, but the new govt with the fourteenth Assembly was sworn in after almost three weeks on November 28, 2019.
There was a case during the 12th Assembly, whose term ended on November 8, 2014 and the new govt with the thirteenth Assembly was sworn in over a week earlier on October 31, 2014.
A report by The Indian Express cited sources as saying that the swearing in ceremony in Maharashtra is expected to take place on December 1.
Along with the CM and his deputies, 20 more MLAs are likely to take oath as ministers. While BJP’s 10 MLAs are expected to be in the next Maharashtra Cabinet, Shinde Sena’s six and Ajit Pawar-led NCP’s four MLAs may take oath as ministers.
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