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Options available on the failure of Constitutional Machinery

 

 

Options available on the failure of Constitutional Machinery And State Legislature

In after the elections for the State Legislature are over, and no political party has secured a clear majority, or the ruling party has been reduced to minority, or the elected government of the State fails in running the administration according to the Constitution, then such a situation is known as the failure of Constitutional machinery. Under such circumstances, the Governor has the following options:

The Governor may recommend the President to impose President's rule in the State. This situation arises when the ruling party loses its majority in the Legislative Assembly.

The President, exercising his powers under Article 356 of the Constitution imposes President's rule in the State. Thereafter, the administration of the State comes in the hands of the Governor acting as the representative of the President. 

If, after the election, no political party has secured the clear majority, then the Governor may invite the leader of the party securing the highest number of seats in the election, to form the Government.

Under such circumstances, the Governor may ask the ruling party to establish his majority in a certain duration.


 

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