oppn parties The Majority Mess in Tamil Nadu

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  • Pakistan says Kulbhushan Jadhav has declined to file a review petition and will stick to his mercy plea. India calls it a farce
  • India to keep a strict vigil to confirm that the Chinese are abiding by the deal on the pullback at the LAC
  • US secretary of state Mike Pompeo says China was "incredibly aggressive" at the LAC and India did its best to respond calmly
  • India reaches 700000 corona cases and 20000 deaths due to the disease
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  • Chargesheet filed against arrested J&K police officer Devinder Singh and others. Singh accused of being a Pakistani informer
  • Very few people visit ASI monuments that were opened on Monday
  • Sensex gains 1500 points in four trading sessions in July
  • The Centre says final year university exams should be held in September and degrees should only be given on the basis of exams
  • Trade surplus for India in June for the first time in 18 years
  • Highway ministry increases the border roads upkeep fund by four times
After four months of standoff, including a bloody clash, India and China agree on pulling back troops at the LAC
oppn parties
The Majority Mess in Tamil Nadu

By Sunil Garodia
First publised on 2017-02-16 22:44:05

About the Author

Sunil Garodia Editor-in-Chief of indiacommentary.com. Current Affairs analyst and political commentator. Writes for a number of publications.
E Palaniswami was sworn in as the 13th chief minister of Tamil Nadu. But was it correct? Of course the law and precedents say that the governor is bound to invite the person who claims the support of maximum MLA’s. But the operative word here is “claims.” Paliniswami has been asked to prove his majority through a floor test within 15 days and he has informed the governor that he will do so on Saturday.

When elections are held, the party that wins a majority first elects a leader of its legislature party and then that person either goes to the governor to stake his claim or the governor invites him to form the government. There is then no need to prove majority on the floor of the house. In case of no party getting a clear majority after an election, coalitions are cobbled up and they elect a leader who does the needful. The coalition is also required to prove its majority.

But when governments fall either through defections or through other extraneous factors like the current fiasco in Tamil Nadu, there is never a clear picture that emerges. The situation is then ripe for horse trading and worse. In Tamil Nadu, Sasikala is supposed to have kept MLA’s “captive” in a fancy resort against their wishes. If we strive for free and fair elections, we should also strive for free and fair election of leaders of legislature parties, post such situations.

Instead of appointing a person on the basis of claimed but unverified support of a majority of MLA’s, all factions must be asked to first elect their leaders outside the assembly. Then, pledge letters of all MLA’s supporting a particular person must be signed and collected. These letters must have a no-change, lock-in period of, say, 30 days. Only then should the leader of the faction or the coalition that has a majority support must be invited to form the government.

This process will ensure responsibility among MLA’s and would reduce horse trading during the period of appointment of chief minister and proving of majority, which must be within the 30 days of the lock-in period. Otherwise, as seen in many instances in the past, particularly in the infamous Haryana case in 1960’s and 2970’s, MLA’s can be bought during the gestation period. The law needs to be changed to give effect to this.