When does the president’s government take effect?
New Delhi: President’s rule can be imposed in Maharashtra after 72 hours of the assembly election results. In reality, the mandate of the current assembly ends on November 26 and the parties will have only 72 hours to form a government. Even if one faction – Mahayuti or Maharashtra Vikas Aghadi – wins a clear majority, the consensus on the prime minister’s position could be decisive.
The next 72 hours are important after the results of the elections in Maharashtra
No one is unaware of the president’s rule after the Maharashtra Assembly elections. There were some periods of presidential rule after the 2019 and 2014 elections. If no party or coalition seeks to form a government after the election results, then the state may have to face the president’s rule once again. This may be a cause of concern for the opposition alliance. That is why Maha Vikas Aghadi is alert about possible horse-trading by MLAs even before the results.
After the declaration of election results in Maharashtra, if any alliance does not get a clear majority, small parties and independent candidates can play an important role in forming the government. In such a situation, if the President’s rule is imposed, there can be great scope for negotiation by the MLAs.
This could be the reason for the imposition of the president’s rule.
The Mahayuti and Maha Vikas Aghadi alliance mainly includes three parties each. If there is a contest for the Chief Minister’s post in whichever alliance wins the elections, there may be a delay in the formation of the government. Even if either of the two alliances, MVA or Mahayuti, crosses the 145-seat mark. Or get into a position of forming a government with the help of independents and small parties. But the real hurdle will be reaching a consensus on the Chief Minister’s post. More important than any alliance winning a majority is achieving a consensus on the Chief Minister’s post. Which doesn’t seem like such an easy task.
There are many contenders in both alliances.
The race for the CM post in Maha Vikas Aghadi has been intensifying for some time now. There are half a dozen candidates vying for this position. Uddhav Thackeray remains a strong contender. Meanwhile, Eknath Shinde, a potential candidate for the Mahayuti CM post, is now facing stiff competition from Deputy Chief Minister Devendra Fadnavis. The BJP has contested elections for more seats. Obviously it can emerge as the largest party in the assembly. In such a situation, the BJP can show its prime ministerial face this time.
What is the rule for imposing the president’s rule?
According to the norm, the president’s government is imposed in any state of the country only when no party is in a position to form a government. Or the term of the Assembly should be completed before the government is formed. Therefore, it is necessary to complete the government formation process before the term of the outgoing government or assembly ends.
According to Article 172 of the Constitution, the term of office of the State Assembly is five years from the date of its first session, unless dissolved earlier. Given the current scenario, if the BJP-led Grand Alliance or the Congress-led MVA cannot form the government within 72 hours, the President’s rule could be imposed in Maharashtra based on the recommendations of the state governor.
President’s rule is also imposed under Article 356.
According to Article 356 of the Indian Constitution, the President can impose Presidential Rule in a state. If the government of that state is not executed in accordance with the provisions of the Constitution. This provision is often invoked when the constitutional machinery of the state collapses. After the imposition of the President’s rule, the state is governed directly by the Central Government, which is governed through the Governor. Who acts as head of the state administration.
When was President’s rule imposed in Maharashtra?
If no party wins a majority in the Maharashtra Assembly in Saturday’s election results and the contesting parties fail to form an alliance to surpass the 145-mark in the 288-member House, then the possibility of the president governs. be done. If this happens, it will be the fourth time that the president’s rule has been imposed in the state. Before 2019, Maharashtra had been under President’s rule for a month in 2014. President’s rule was imposed in the state for the first time in 1980. President’s rule was imposed in the state for 11 days after the elections to the 2019 assembly, since no party was able to form a government.
In fact, pre-poll allies the BJP and the undivided Shiv Sena could not agree on the CM’s face and ministerial berths. In the next term, Devendra Fadnavis served 80 hours as Chief Minister and Ajit Pawar as Deputy Chief Minister. After this he resigned. Eventually, a new alliance emerged with the Shiv Sena, the NCP and the Congress led by Uddhav Thackeray, forming the MVA.
