Constitutional Framework

  • Article 164: The Chief Minister is appointed by the Governor, and other ministers are appointed by the Governor on the advice of the Chief Minister.

Governor’s Role in Different Scenarios

  • Clear Majority: If a single party or a pre-poll alliance secures an absolute majority in the state elections, the Governor’s role is purely formal. They must invite the leader of that majority party/alliance to form the government and administer the oath of office.
  • Hung Assembly: When no single party or pre-poll alliance wins a clear majority, the Governor exercises situational discretion under Article 163 to decide who is best suited to provide a stable government.

Outcome of Various Cases 

  • S.R. Bommai v. Union of India, 1994: The Governor can appoint a Chief Minister based on prima facie satisfaction but must mandate a Floor Test within a strict, short timeframe (usually 7 to 15 days) to prove the majority.
  • Rameshwar Prasad Case (2006): The Supreme Court held that the Governor cannot shut out a post-poll alliance claiming a majority by assuming that horse-trading or floor-crossing will take place. Ideological differences between combining parties are not grounds for the Governor to reject their claim.
  • Nabam Rebia Case (2016): The Supreme Court re-emphasized that the Governor’s discretionary powers under Article 163 are limited and cannot be exercised arbitrarily or capriciously.

 

Core Roles

  • Administering the Oath: Administering the oath of office and secrecy to the Chief Minister and the Council of Ministers.
  • Appointing a Pro-tem Speaker: Appointing a temporary Speaker to administer oaths to newly elected MLAs before the floor test.
  • Setting the Timeline: Determining a reasonable window for the newly appointed executive to prove their majority via a Vote of Confidence.

 

Source: The Indian Express