Governors's guidelines for tackling hung legislatures

Governments at the Centre or in the states holding interim charge should function only in a caretaker capacity.

This was one of the seven broad guidelines evolved at the two-day conference of governors to enable the Constitutional head to act ''independently and impartially'' in the event of a hung legislature.

The guidelines stated that the Constitutional head must give his address spelling out the policies and programmes of the government only after it wins the vote of confidence.

The conference was convened by President S D Sharma on the role of ''the Constitutional head, when, following an election, no party or combination of parties appears to have secured a majority''. It was attended by Vice-President K R Narayanan and Prime Minister I K Gujral.

It was felt that the Constitutional head must come forth as a custodian of the Constitution, a source of confidence and assurance for the people and even more so in periods of tension and crisis. The Constitutional head should discharge his duties in a ''smoother and more transparent manner,'' official sources said.

The guidelines stressed that a brief, but reasonably feasible, period should be given to the government to seek a vote of confidence.

Where a combination of parties proposes to stake a claim to form the government, the conference decided it would be desirable that ahead of staking a claim, the respective parties and groups resolve to coordinate their legislature strengths with each other to form the government.

The head of the council of ministers that had failed to secure a majority of seats in an election should forthwith tender his resignation. It was felt that some attempts were made in the past by some heads of the council of ministers to remain in power even after their parties failed to secure a majority.

If an alternative government is not possible, the Constitutional head should ask the outgoing head of the council of ministers to continue in office till alternative arrangements are made.

The council of ministers installed on the basis of a post-electoral alliance should be required to seek a confidence vote within a brief but feasible time.

The sources said the issue of a hung legislature was discussed in a most structured manner. This was a unique opportunity to secure a wider comprehension of all the complexities inherent in the situation.

EARLIER STORY:
Time to prove that we can tackle hung legislatures: President