
Uttar Pradesh Governor Vishnu Kant Shastri is in no hurry to swear in a new chief minister. Even before all the results were out, he is reported to have said that the outgoing chief minister could continue in office till March 26. But in the best democratic tradition, Rajnath Singh tendered his resignation when his party failed to win a respectable number of seats. While accepting his resignation, Shastri asked Singh to carry on till alternative arrangements were made. Constitutional experts have argued that a government is a government and the Constitution does not recognise what is popularly known as a 8216;caretaker government8217;. In other words, if Singh is allowed to continue in office till March 26, there will be no restraining influence on him. The question then is, to whom will the chief minister be responsible? Power without responsibility is dangerous, particularly when it is the chief ministerial post in a large state like UP.
It is true the governor has a tough job before him since no party has emerged a clear winner in the state. Faced with similar situations, presidents and governors have chosen different methods. Broadly, there are two options. The governor can straightaway invite the single largest party to form a government or he can ask the leader of such a party to show proof of adequate support. Both have their limitations. Shastri has indicated that he will go by considerations of stability, rather than numbers. This, again, is like canoeing into dangerous waters. For one thing, how will a governor determine whether a government will be stable or not? In the past, there were instances when legislators were paraded before the governor. Ultimately, if such methods have proved anything, it is that the only place where a government8217;s majority can be tested is the floor of the House.
From an editorial in 8216;The Indian Express8217;, February 26, 2002
Ever since the people of UP delivered a fractured mandate, protagonists in the drama have reiterated that president8217;s rule should be the very last resort. Everybody, even the BJP, seemed agreed that political players should be given full opportunity to cobble together the arithmetic required to rule UP, that all possibilities to put a popular government in place be fully exhausted. As Governor Shastri sends his report to the Centre recommending the imposition of president8217;s rule, there are doubts about whether this was indeed done. But these can wait for more normal times. Given the impending VHP deadline of March 15, Shastri8217;s decision can only be welcomed. With that date fast approaching and the VHP8217;s threat looming large, the state can no longer afford the continued instability created by the power play between rival claimants.
From an editorial in 8216;The Indian Express8217;, March 8, 2002