President’s Rule Imposed in Maharashtra. This is What Will Follow.

President’s Rule imposed in Maharashtra after the Governor fails to form a government in the state, even after three weeks of election results. President of India, Ram Nath Kovind approved the cabinet decision to impose President’s Rule in Maharashtra on Tuesday evening, based on the recommendation of Maharashtra Governor Bhagat Singh Koshyari.

The Union Cabinet recommended President’s rule in Maharashtra on the same day. This comes after the top leaders from the NCP, Congress and Shiv Sena were holding a flurry of consultations in a bid to tot up the numbers and resolve the impasse over government formation in the state.

Before the recommendation, PM Modi conducted a cabinet meeting to discuss the stalemate situation in Maharashtra, where no party was able to establish a government.

Koshyari had given the Nationalist Congress Party the time till 8.30 pm on Tuesday to express its “willingness and ability” to form government in the state. Alongside, he also submitted a report to President Ram Nath Kovind recommending President’s rule in the state.

“He is satisfied that the government cannot be carried on in accordance with the Constitution, (and therefore) has today submitted a report as contemplated by the provision of Article 356 of the Constitution,” said a tweet from his office.

As per an official statement by the Ministry of Home Affairs (MHA), the President’s Rule will be implemented in the state for six months. During this period, any party can come forward to prove their majority in the Maharashtra assembly and the President’s Rule will be withdrawn.

The official sources also stated that the Governor has stated in his report that there is no probability of a stable government in Maharashtra at the moment.

Maharashtra Governor had invited the Sharad Pawar’s Nationalist Congress Party (NCP), the third-largest party in Maharashtra, to initiate or express willingness to form the government. This happened after Shiv Sena was unable to prove its majority in the state.

After 2019 elections results, Nationalist Congress Party (NCP) is the third-largest party in Maharashtra with 54 MLAs. Shiv Sena on the other hand, being the 2nd largest party had 54 MLAs & Congress has 44 MLAs. Shiv Sena had been trying to form a coalition government with the support of the NCP and the Congress.

The Union cabinet’s decision to recommend President’s Rule came after Congress chief Sonia Gandhi sent three senior leaders to Mumbai for talks with the NCP. Shiv Sena’s Sanjay Raut, on the other hand, is, stubborn towards the party’s commitment to hold the reins of power.

Now, as a result of Cabinet recommendation on Tuesday, President Ram Nath Kovind approved the imposition of President’s Rule in Maharashtra, when even after three weeks of the election, no party was able to form a government.

The results of the elections held on October 21 were announced on October 24. Many thought that with the number of seats, the BJP-Shiv Sena alliance will have a clear mandate with 161 seats. However, the two parties couldn’t settle for each other’s demands and failed to ally to form a government, even after two weeks.

These are the implications that will follow after the imposition of president’s Rule in Maharashtra:

President’s rule is imposed in a state under one of the following situations.

– A state legislature is unable to elect a leader as a chief minister within the time prescribed by the Governor.

– The government which existed had been formed from a coalition & it had broken down and the CM’s party is unable to prove their majority within Governor’s prescribed time.

-Loss of majority in the assembly due to a vote of no-confidence in the house.

-Elections postponed for unavoidable reasons like war, epidemic or natural disasters.

Apart from this, Article 356 of the Indian Constitution empowers the President of India to invoke president rule in a state on the report of the governor, where he (governor) feels that state machinery/legislature fails to abide by constitutional norms.

President’s rule can continue for 6 months and can be extended for a total of 3 years, with a regular 6-monthly approval by Parliament. However, after the 44th Amendment Act of 1978, this can only be done in the following conditions:

– There is already a national emergency across the country or in the whole or any part of the state. And,

-The Election Commission certifies that elections cannot be conducted in the concerned state.

If the aforesaid conditions are satisfied, then the President’s rule can be revoked at any time by the president and does not need the Parliament’s approval.

Author: Keshav Kothari

A young CA Aspirant who is a writer and a photographer with the zeal to convey a positive perception through his work.

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