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8th June 2024 (15 Topics)

Formation of Government in India: An Insight into the Process

Context

President DroupadiMurmu has invited Prime Minister-designate Narendra Modi to form a new government at the Centre.

Key Highlights of the Process

  • Election Results and Certificates: After counting the votes, the Election Commission distributes certificates to each winning candidate. These certificates, known as Form 22, verify the identity of the newly elected Lok Sabha members.
  • Formation of New Lok Sabha:The Election Commission submits a complete list of elected MPs to the President, initiating the formation of the new Lok Sabha.
  • Post-Result Procedures: Following the election results, the President invites the leading party or coalition to form the government.

1: Dimension- Reason behind the Process

  • Democratic Principle: The process of forming a government is based on the democratic principle of majority rule. The party or coalition that secures the majority of seats in the Lok Sabha is invited by the President to form the government.
  • Constitutional Framework: The Constitution of India does not contain any specific procedure for the selection and appointment of the Prime Minister. Article 75 says only that the Prime Minister shall be appointed by the president.

2: Dimension- Impact of the Process

  • Stable Governance: The process ensures stable governance by requiring a majority in the Lok Sabha to form a government. This majority ensures the government has enough support to enact laws and govern effectively.
  • Democratic Representation: The process ensures democratic representation by allowing the party or coalition with the most seats in the Lok Sabha to form the government.
Fact Box: Legal Interpretations and Court Rulings in appointment of the Prime Minister:
  • In 1980, the Delhi High Court held that the Constitution does not require that a person must prove his majority in the Lok Sabha before he is appointed as the Prime Minister.
  • The President may first appoint him the Prime Minister and then ask him to prove his majority in the Lok Sabha within a reasonable period.
  • For example, Charan Singh (1979), V.P. Singh (1989), Chandrasekhar (1990), P.V. NarasimhaRao (1991), A.B. Vajyapee (1996), DeveGowda (1996), I.K. Gujral (1997) and again A.B. Vajpayee (1998) were appointed as Prime Ministers in this way.
UPSC Mains Question:

Q. The discretionary power of Indian President is wider than US President. Discuss

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