Constitutionality of Alliance: Pre-poll alliance and Post poll alliance.

Constitutionality of Alliance: pre-poll alliance and Post poll alliance.

Coalition government is not new or rarephenomenaeither government is formed by one party or two or more parties. The term ‘coalition is derived from a Latin Word’ COALITIO’ which is verbal substance of coalesceto go together and the desire to grow up which means to go or to grow together.

A coalition can take place in two phasespre-election alliances or changes between the parties or post-election union to part political power and run the government. The former type of coalition has additional advantages than the final.

A pre-poll understanding offers a common podium to the parties in order to attract the electorate on the basis of joint manifesto. It has already has been made a framework that coalition government are running well in European countries for example in France, Italy and Portugal because the alliance of the parties is based on ideology.

These parties are based on different differentideologies the coalition government in other countries could not succeed because social structure of these countries were different, in comparison to western countries.

In developing countries, the coalition government has no common program cohesion of class composition, uniformity of social arrangementetc. the parties of coalition government form hands with another to form a united front without any ideological base sometime coalitions are formed to build up a daunting united front against some other political movement or other political party.

The supremacy of a single political party after independence was not natural democratic development.

The coalition government is the natural consequence of our social structure. Political developments do not take place in vacuum. They are the natural outcome of social organization and structure coalition have become a political requirement in India today, because no single party is getting absolute 15 majority.

Hence, we should be ready for coalition government, because it is natural phenomena in plural society. Society needs political socialization. Political culture is the outcome of social culture and our social culture is of conflict, rivalries, waring fractions in the society in few states. In this situation, the negative voting prevails.

Role of the Governor in the government formation

As a matter of convention, the Governor has to first invite the single largest party to form the government. But the decision has to be an “informed one” and “on sound basis,” with a view to provide a stable government.

In 2006, The then President of India Dr A P J Abdul Kalam while addressing the governors had emphasized the relevance of recommendations of the Sarkaria Commission and said: While there are several checks and balances provided by the Constitution, the office of the Governor has been given with the independence to rise above day-to-day politics and override compulsions either emanating from the central system or the state system.

1. The party or alliances which get the highest amount of support in the Legislative Assembly shouldbe called upon to form the government.
2. If there is a pre-poll coalition or alliance, it should be treated as one political party and in this case such coalition gets a majority, the leader of such alliances shall be called by the Governor to form the government.
3. In case no pre-poll coalition or party has a clear majority, the governor should select the Chief Minister in the order of priorities indicated here:

(i) The group of parties which had a pre-poll coalition of the largest number.

(ii) The major single party which claims to form the government with the support of others.

(iii) A post-electoral alliance with all the members joining the government.

(iv) A post-electoral alliance where parties are linking the government and the remaining

including independents are supporting the governmental body from outside.

Constitutional provisions

Article 164 of the Constitution says“The Chief Minister shall be appointed by the Governor and the other ministers shall be selected by the Governor on the advice of the Chief Minister, and the ministers shall hold office during the tenure of the Governor.”

Article 164(2) of the Constitution says that the Council of Ministers must be jointly responsible to the House.

Conclusion

In a democracy, the proper representation of public interest is of utmost importance.The governments are chosen by the people. Our constitution has clearly directed the ways how the government should be formed in the cases of Hung Assembly and it has given this right to the Governors. Hence the governor should analyze which political party or alliance is forming the majority on the basis of constitutional provisions and his decision should be followed by the political parties.

By: Swati Rai, Amity Law School Noida.