Hung Parliament

A Global perspective on Hung Houses, Politics of Coalition and Defections in the system of Cabinet Governments

By Dr. Archana Sinha

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Dedicated to His Divine Grace Srila Shri Brij Sunder Das Babaji Maharaj, who gave me spiritual strength to progress with dignity and work for the betterment of humanity.

Foreword

By A. K. Sikri
Judge, Delhi High Court

format_quote Though the neat conceptual symmetry of parliamentary democracy makes it a most tempting model, yet unfortunately does not possess guaranteed tenure and the rise and fall of cabinets dictate the fall of the common person’s interest...format_quote

About the Author

Dr. Archana Sinha is an Addl. District & Sessions Judge in Delhi and is an LL.M and a Ph.D. in Constitutional Law from Faculty of Law, Delhi University. Apart from her legal qualifications, she holds a Postgraduate degree in mathematics from Miranda House College, Delhi University and a Master’s degree in Business Administration from Indraprastha University, Delhi.

She has written a number of Articles on different aspects on the subject of Criminology & the Constitution which has been published in Delhi Law Review, Vidhi Bharti & Human Rights. She is always busy in her literary work by putting efforts to share her views on the contemporary subjects of national importance.

She was nominated in 2000 for the National Award of Rajiv Gandhi National Integration Award. She is the recipient of Nataji Subhash Chand Award in 1999.

An article by Yatharth Sinha on the current hung houses in India entitled

Hung House: A curse to the nation and for the public

About the Book

In a cabinet system of polity, the process of the formation of the Government & dissolution of the House is an easy exercise for the Presidency till a political party obtains a majority in the House of Representatives, but the Constitution of the country passes through an impasse in case of fractured mandate, where “no single political party obtains a clear cut majority in the general election”. In such political scenario the parliamentary system of governments faces crisis as it becomes a cumbersome exercise for the Presidency to invite a politician to form the Government because it becomes difficult to ascertain as to whether he would be in a position to command the confidence in the House of Representatives.

  • Chapter I

    is the introduction and is of the nature of corridor to the subject. Besides discussing various aspects of the subject, an effort has been made to create inquisitiveness of the reader to know more about the concept, form and working of cabinet system of polity, not only in its parent country but also in other countries of the world including India. This part in essence, orients the whole gamut of information and observations in the desired directions.

  • Chapter II

    is an endeavour to unravel the various facets of ‘Cabinet Government’ as a concept. An attempt is made to outline the concept in the light of principles like principles of majority, sovereignty of the people, concepts of ministerial and collective responsibility. Besides, efforts are made to provide a systematic analysis to the problems of Hung legislature and the coalitional efforts to avoid consequential premature dissolution of the legislatures with special reference to the stability aspects of the governments.

  • Chapter III

    The quest of Chapter III is to trace genesis of Cabinet Government under the Indian political set up, its incorporation under the various pre-independence Acts, the historical assimilation of the system under the Constitution of India, their practical shapes and the working of Cabinet System in India since the inception of the system under the Constitution. The emphasis is on the working of Cabinet Government during coalition politics and its impact on the system.

  • Chapter IV

    analyses the party system in India in special reference to formation of governments in the situations of absence of clear cut majority of one party in Parliament and the State legislatures and simultaneously, the role of the Head of the State, in formation of governments at National and the State Levels and also the consequent pre-mature dissolutions of legislatures and fall of such governments.

  • Chapter V

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    deals with the challenges of coalition politics in India and its causes and effect on the working of Cabinet form of Government, as envisaged by Indian Constitution. This chapter has developed an analysis of a learning process for Indian politics to learn to live with coalition politics, if the system of multi-partite politics is to continue in the Indian political environment. In this chapter, the behaviour of the political parties pertaining to defections in the light of defection laws is analyzed but only as a passing reference, for the sake of brevity of the book.

  • Chapter VI

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    is in the nature of comparative survey of Cabinet Governments of the World. In this comparative part, the aim of the author has been to search a viable solution on comparative research from various Constitutional systems across the globe and to make a comparison and hunt a solution for India. The book has not dealt into details of merits or demerits of the political systems of Parliamentary and Presidential form for the purpose of brevity. Thus, the quest is only for searching a viable solution within the frames and basic structure of the Constitution of India.

  • Chapter VII

    The last chapter deals with conclusions drawn from the above analysis for finding out the viable solutions to the problems in hand. This chapter also suggests the suitable changes by way of amendments in the Constitution of India or in the form of codification of some statutes or Act or in the form of changes in the existing statutes.

Suggested Constitutional Amendments

  1. The election laws may be amended to the extent of restructuring the political parties in two categories-A & B besides a class of independent candidates.
  2. The political parties while filing the nomination papers would have independent choices to opt either of the two groups A or B, depending on their parties’ ideologies and the common minimum programmes.
  3. The nomination form should have a provision for filing of an annexure asking the contender to disclose the minimum programme of the individual or of his party clarifying his ideology for joining the particular category.
  4. The selection for the option of the category may be optional to join either category. And if none of the category is being opted, the party or the individual shall be treated as Independent.
  5. The nomination form should have an annexure asking an option to be exercised in future stating as to whether the candidate or his party would like to opt a particular category if his option for coalition is needed after polls; also about the reasons for the same.
  6. The nomination paper may enclose the fact to be mentioned as to whether the candidate or his party has any pre-poll-alliance, if so with which category of party. Such categorizations would clearly identify as to which of the two categories A or B has obtained the absolute majority. Till now, it is the political party whose majority decides the formation of Government, after the above arrangement, the majority principle may be calculated for a particular category having obtained a clear majority.

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Foreword close

Good governance is all time quest for mankind since the inception of civilization and the best governing system is one that provides a good rapport between the governing body and the governed so that the policies of the government can reflect the wishes of the people. For achieving this goal and the peoples’ interest, ‘democracy’ was found the best governing political system as it provides a system of responsible government through the representatives of the people. The democrat’s dilemma is to secure responsive yet authoritative government and most of the western nations have adopted the parliamentary form of government and India on its independence also followed the accepted practice to adopt the political system of cabinet government in which the cabinet is held accountable to and can be dissolved by popular vote of parliament and in this manner, the Executive is democratically elected and disposed of.

Though the neat conceptual symmetry of parliamentary democracy makes it a most tempting model, yet unfortunately does not possess guaranteed tenure and the rise and fall of cabinets dictate the fall of the common person’s interest, as the installation of a new cabinet is not only a cumbersome exercise but also provides one thin cabinet government cannot serve any group’s interest as transient cabinets having little time to initiate and pass legislation, much less time to supervise its effective administration and successive alterations destroy the momentum and even the authoritative nature of the government.

During recent years for last three decades, the electoral results have shown that the Indian electorates were not able to send a coherent majority in favour of a single political party, producing hung legislature at the Centre and in States as well, which has led to premature elections, creating constitutional crisis of the impossibility for formation of alternative governments, whenever the government has fallen on the floor of the House, such situations even have deteriorated the political and constitutional moralities amongst the politicians of high repute.

The un-popular, non-strategic coalitions and alliances have led to even immoral horse trading and illegal defections, putting a question mark on the legislatures, to destroy the reputation of governing bodies to the extent of a loss of faith in the political system, itself.

The Indian political system is based on the British Conventions of cabinet government with bipartite system, but due to multi-partism in India, it has led to fractured mandate that has increased the possibilities of frequent fall of governments creating a political impasse of constitutional crisis, some of the political thinkers and scientists have even started advocating the view of switching over to the system of Presidential form of Government on the pattern of American constitution, to ensure stability.

Now, the debates are on, in the political arena, on the issue: if representatives by reason of their fragmentation cannot present a stable front, would it be legitimate to go straight to the people themselves and request them to re-express their will in the matter of governance? – An elementary question attached to the democratic set up of Presidential governments.

It should not be forgotten that the Presidential System of governments was found non-suitable by our Forefathers during debates in the Constituent Assembly, considering Indian circumstances having the largest population divided in groups on the basis of race, cast, religion and social philosophies and on working on the present set up for more than 60 years, if, in a chaos, we start working on a new system that was already rejected by our Forefathers, what, if on working for few years on it, we come to the conclusion that our Forefathers were right?

In the light of above discussions, the essential issues of hung legislatures have become vital in the context of un-successful coalition, no confidence motions, even on minor issues, fluctuating party loyalties and the principles to be followed in the formation of cabinet, respective roles of the President and its relations with the Prime Minister and the Parliament and the frequency with which the elections are to be held.

On all these issues, Archana’s book is an honest attempt to deal with these minute manifestations with the view to provide viable solutions of these problems without disturbing the present set up of democracy considering that the present set up is the basic structure of the Constitution and the solutions to the problems are possible within the frames of the Constitution with suitable amendments therein and also by framing of appropriate legislations.

Every generation is bound by fideicommissa. The author has gone deeper into the history of political developments of rudiments of cabinet system in India.

The book is an attempt to provide an analysis based on comparative study of systems in the other countries where the problems have been dealt with and the democracies with the similar system have made the similar democratic set up, a success.

The solutions to the problems worked upon in such countries may provide viable solutions to ensure conditions conducive for stability in India in cases of hung legislatures.

The author has, so to say, made use of a prism for viewing minute analysis of the elementary concepts of the cabinet system of governments, conventions and practices adopted by successful democracies of the world and has provided the kaleidoscope of the viewed constitutional scenario in which solutions to the problems could be searched without changing the basic structure of the political system, adopted by our Forefathers.

This book has unraveled various facets of the principle of majority, sovereignty and collective responsibility to provide an analytical approach to the solution of stability with responsiveness in cases of hung legislatures and consequential coalitional efforts with special reference to defections and strategic alliances based on common minimum programme.

The book analyses the party structure in India with special reference to formation of governments, particularly in the situation of fractured mandate, specifying the role of the Head of the State, in formation of the governments and to provide the conditions conducive to control premature dissolutions of legislature and fall of successive governments.

This book also provides the working of democratic set up with multi-partism, by comparing the theories based on analysis of 17 western countries with the analysis of political alliances at the time of elections and also in post-election scenario to attain majority for ensuring the stability of the government in the legislature.

The book has provided certain suggestions of creating statutes within the frame of the Constitution to make a coalition and alliances, a success and also for amendments of the Constitution, wherever necessary to make the constitutional frames effective to resolve the constitutional crisis of political impasse of hung legislatures.

The book also offers some bold suggestions for enactments and amendments that one cannot expect that they will necessary find acceptance of all concerned but do deserve consideration to invoke the intellectual thinking in this direction to make appropriate amendments and enactments to introduce the element of elasticity that need attention of all; the political thinkers, scientists, the politicians and the academicians, to make the democracy, a success.

In nut shell, the book provides a broader horizon with a prism of comparative study of democratic countries with the analysis of socio-political Indian circumstances to provide conducive conditions to ensure stability with responsibility in democratic set up of cabinet governments adopted in India, by formulating the rules to form successful and workable coalitions and alliances, in case of hung legislature at the Centre and at the States as well. Author believes that in times to come, hung legislatures are going to become the destiny of India and it is better that India learn to live with coalitions.

Thus, the book is a sincere effort to contribute its in-depth analysis of the concepts related to the process of formation of governments for serving the country through the glass of broader thinking based on the experience of other countries, to provide a Constitutional solution to all the problems related to Hung Legislatures, at hand.

To how much extent, the prints in the book can strike the right path, depends on the wisdom of the readers.

(Sh. A.K. Sikri)
Judge, the High Court of Delhi

Hung House : A curse to the nation and for public close

What is Hung House in common parlance

In parliamentary form of government, the citizens of the country rule through their representatives duly elected by them. The leader of the political party who secures majority in the elections is invited to form the government and such government in its representative character, governs the nation to fulfil the wishes of its people through their elected representatives but this political scenario changes the moment, the House of people becomes Hung House when no political party secures a clear majority in the elections.

A democratic system of politics with parliamentary form of government, as the one India has, come across the crises of Hung House when the voters fail to send coherent majority of a political party to the House of Legislature and if on conclusion of the electoral mandate, no political party secures a majority in the elections to form its government.

Wherever there are more than one political parties in a democratic set-up like in India, as we have multi-partite system, the situations of Hung House occur very frequently and such crises had started seeping into the system since 1975, in post emergency era but somehow the situations of Hung Houses at National level as well as at State level, were handled by the politics of permutations and combinations of Alliances at post-poll or sometimes even pre-poll but unfortunately such Alliances were generally unprincipled that led to premature elections and even repeated elections, causing damage to the nation and to a large extent to the public, as such.

In past, NDA (National Democratic Alliance) & UPA (United Progressive Alliance) are two examples of Pre-Poll Alliances through which Government formation was done in Hung Houses.

It is a well settled norm that 'no nation can live on the diet of elections'. Each election increases the price index causing inflation ('mahngai') as a consequence of it. It takes the economic growth of the nation and its development atleast five years back.

In Hung Houses, generally governments are formed with process of Alliances / Coalitions and if somehow Post-Poll Alliances are allowed for the formation of government then also such governments are short lived and generally indecisive to fulfil the wishes of its people. Here the role of the President / Governor, as the case may be is of vital importance.

Thus, Hung Houses are a curse to the nation and also to its people.


Delhi Assembly, a Hung House in 2013 (Resulted in Re-election in 50 days)

The Delhi Assembly elections results (electoral mandate, Janadesh) gave the following score:

Total Assembly Seats BJP AAP Congress Others
70 32 28 8 2

(Minimum 36 MLAs were required to form the government)

Arvind Kejriwal formed government with 28 AAP MLAs and outside supports of 8 MLAs of Congress MLAs in December 2013 (total: 36). The Govt. promised to decrease Price Index (Mehngai).

The government fell within 50 days on the floor of the House on the issue of LOKPAL BILL.

After one year of President’s Rule, fresh elections were held again for Delhi Assembly in February, 2015.

AAP political party with its leader Arvind Kejriwal secured thumping majority, formed government with Arvind Kejriwal as CM.

The Voters of Delhi need to be wiser in forthcoming assembly elections in Delhi at the time of exercising their votes to give clear mandate to a political party / Alliance to avoid Hung House.

The Pre-Poll Alliances, Common Minimum Program and for Post-Poll Alliance, a written agreement to ensure stability of government, has to be ensured in advance before pleading for votes.


Haryana Assembly Elections 2019

Total Assembly Seats BJP Congress JJP INLD Others
90 40 30 10 01 09

Government formed by BJP with Post Poll Alliance with JJP to have score of 50 to get the majority.

For gaining majority in the House, a political party or the alliance of parties needed to cross the score of 45 (> 50% of the total strength of 90).

There was no Common Minimum Program between the Allies (BJP & JJP) ever displayed before people of Haryana. The promise of Deputy CM from JJP was unprincipled prior to placing the claim of government.

The Governor has a discretion to appoint the leader of a political party as CM. The party or allies of parties who are invited to form the Govt. has a prerogative to choose its leader but not has a discretion to appoint CM or DCM pre-hand.

It was generally known by political analysts as unprincipled alliance. People of Haryana have to wait to see as to

In any case, for stability of Government, India need a Law on Alliance!


Maharashtra Assembly Elections 2019

Total Assembly Seats BJP Shiv Sena Congress NCP Others
288 105 56 44 54 29
Pre Poll Alliance
NDA* (BJP +) UPA* (Cong +) Others
288 161 104 23

Electoral Mandate (Janadesh) : In favour of NDA (BJP +) to form Govt.

Pre-Poll Alliance of NDA failed, shifting responsibilities on each other.

BJP, single largest party invited to form the government : declined.

Shiv Sena with score of 56 placed its claim to form the government claiming support of NCP and Congress. Could not place the required number to show the majority within the time prescribed.

Governor refused to accept the claim of Shiv Sena. Shiv Sena wished to move to Supreme Court to question the discretion of the Governor.

Role of Governor needs to be examined in Constitutional Prospects?

The three political parties with contrary election agendas placed before the public at the time of election is going to place claim to form government on Post-Poll Alliance. This alliance was not the mandate of people of Maharashtra as no common minimum program was announced and it was unprincipled as it was against Electoral Mandate, Janadesh Ke Khilaf.

Why?

Against Electoral Mandate, Janadesh Ke Khilaf : The candidates of all the three parties contested against each other in the election and united to form the government.

The people of Maharashtra have to observe :

Now BJP has formed the government claiming its alliance with NCP, with majority in the hung house. The constitutionality of this government and discretion of the governor to form such government have been questioned in the honourable Supreme Court.

The honourable Supreme Court has issued notices to centre and government of Maharashtra, along with Chief Minister & Deputy Chief Minister, directing them to place the letter of claim of majority and the letter of the Governor inviting them to form the government.

The alliance partner NCP leader Sharad Pawar has denied BJP’s claim of its alliance with it.

A book has suggested a Law on Alliances (Pre-Poll & Post-Poll) & solutions for stability of government in multi party democratic system.

It has a comparative study of 5 Constitutions on which Indian Constitution is based.

The Hung Houses are common phenomenon in the world of democracies. In the world of democratic set-up with multi parties system solutions for stability of governments in the situations of Hung Houses have already been provided. Some of the countries have Law on Alliances.

For more, read Hung Parliament (A Global Perspective on Hung Houses, Politics of Coalitions and Defections in the System of Cabinet Governments), a book by Dr. Archana Sinha published by Taxman which is available on Amazon.

Suggested Constitutional Amendments close

The Constitution should be amended to break its silence on the specific issues of the formation of government and the dissolution of the House.

The specific provisions for formation of government in case the electorates fail to send a coherent majority in favour of single political party, also regarding the specific methods of formation of coalition government be made. For example, for inviting the leaders of coalition of number of parties, an agreement of partnership duly published with common minimum programme, may be placed as a precondition for formation of such government (As per convention adopted in the case of Ontario, the province in the Canadian federal system).

The specific provisions be formulated regarding majority determination, in case the formulae of simple majority determination of 50% + 1 do not work. The determination of majority may be specifically provided for the creation of new legislative body elected, not in the traditional way but by one type or other of proportional representation, on the pattern of the newer constitutions of the developed institutions within the United Kingdom (Scotland, Wales and Northern Ireland Acts).

Normally, dissolution will be affected formally by the head of state on the advice of the head of government. Normal situations may be mentioned in cases of a single party government that depends on the confidence of legislature and which enjoys an absolute majority of seats in it, it will go to the polls in the ordinary course of fixed-term until and unless falls on the floor of the house on governmental policies by way of motion of confidence.

The House may be dissolved, if two-third of the total membership of the House vote for a dissolution, or if a First Minister is not nominated within the prescribed period. It should be stressed that such premature elections can only be triggered by a vote which surmounts a high threshold of two-thirds of total membership: it will not be easy to assemble such a majority in either body, save in wholly exceptional cases. In such cases, the decision as to when to hold a General Election should be left to the constitutional authority.

Specific provisions for ensuring the doctrine of collective ministerial responsibility can be placed by way of a condition of appointment of a minister in coalition government that he must affirm the pledge of office, to undertake to support and to act in accordance with all decisions of the executive and Assembly and in case of opinion to differ he can tender his resignation at any time to the head of the government, otherwise may be removed by him or her (These provisions may be framed on the pattern of Northern Ireland Act).

The provisions may be framed regarding expulsion of a minister, if the House or Assembly, as the case may be, by 2/3 majority of its members present and voting so votes, that minister will be excluded from the office for 12 months though he can maintain the seat as member of the House or the Assembly (Sec. 30 (1) of Northern Ireland Act). There may also be a provision to exclude and entire political party from ministerial office for a specified period in case of any charges and if the house or the assembly so votes by 2/3 majority of it members present and voting.

These provisions shall ensure the governmental stability in case of any thunder of ideology or charges against a particular member of the cabinet or against a particular group coalescing with the ruling alliance. This can save the country from premature fall of the government in such exceptional circumstances.

The Constitution should be amended to break its silence on the specific issues of the formation of government and the dissolution of House.

Specific provisions for ensuring the doctrine of collective ministerial responsibility can be placed by way of a condition of appointment of a minister in coalition government that he must affirm the pledge of office, to undertake to support and to act in accordance with all decisions of the executive and Assembly and in case of opinion to differ he can tender his resignation at any time to the head of the government, otherwise may be removed by him or her (These provisions may be framed on the pattern of Northern Ireland Act).

These provisions shall ensure the governmental stability in case of any thunder of ideology or charges against a particular member of the cabinet or against a particular group coalescing with the ruling alliance. This can save the country from premature fall of the government in such exceptional circumstances.

Statutory changes in the party structure

  1. The election laws may be amended to the extent of restructuring the political parties in two categories-A & B besides a class of independent candidates.
  2. The political parties while filing the nomination papers would have independent choices to opt either of the two groups A or B, depending on their parties’ ideologies and the common minimum programmes.

    It is pointed out that all the leading Parliamentary democracies of the world have a peculiar kind of party structure having classified ideologies which could be categorized on the bases of their philosophies in two classes viz : right wing and left wing, labour or conservative, Marxist or non-Marxist. Similarly in India the parties can be called as Janta or Congress; left or right or in any other category which suits the Indian political environment.

  3. The nomination form should have a provision for filing of an annexure asking the contender to disclose the minimum programme of the individual or of his party clarifying his ideology for joining the particular category.
  4. The selection for the option of the category may be optional to join either category. And if none of the category is being opted, the party or the individual shall be treated as Independent.
  5. The nomination form should have an annexure asking an option to be exercised in future stating as to whether the candidate or his party would like to opt a particular category if his option for coalition is needed after polls; also about the reasons for the same.
  6. The nomination paper may enclose the fact to be mentioned as to whether the candidate or his party has any pre-poll-alliance, if so with which category of party. Such categorizations would clearly identify as to which of the two categories A or B has obtained the absolute majority. Till now, it is the political party whose majority decides the formation of Government, after the above arrangement, the majority principle may be calculated for a particular category having obtained a clear majority.

The post-poll coalitions may also become easier for the candidate or the party for selecting the coalescing partner from the same category. The chances are that this kind of arrangement will help to avoid the nature of legislature to be called as hung. At the same time the independent status of the political parties can be maintained but announcing the common minimum programme for coalescing partners of the same category will become easier and public mandate of the electorates would be wiser.

Moreover if category A is able to obtain clear-cut majority, the political parties falling within that category may choose its leader and the leader can claim to form the Government, in that case, the other category may choose its leader to form the opposition.

In this manner the country may opt to adopt two-category party structure, if not, stable mass two-party system like Britain. With multi-partism the Parliamentary system of India can ensure durable Governments with a possibility of a shadow Government in the form of strong opposition for providing a forum for an alternative Government in case the ministry is defeated on the floor of House on any policy matter.

Statutory changes in the anti defection laws

With the change of social and political values and realizing that morals have come down in every walks of life and the members of political world have proved no exception to it, the electorates are more confused in the wake of allegations and counter-allegations even against the senior most politicians and in the atmosphere of scientific and technical advancement of instruments for the want of lack of proper know how of such instruments used for such allegations, a balance is required in framing the anti-defection laws. The balance should be maintained to create a right of defector along with his liabilities towards the forum on which he received the mandate from electorate. Further the powers of the leader of the party have to be earmarked cautiously so that while exercising on the stringent provisions against a defaulter, he should not exercise the same with arbitrariness and may not be empowered to spoil the political career of a right defector; accordingly the rules are to be framed with neat conceptual symmetry.

During empirical research on these aspects, it was observed that the most of the active politicians want strict disciplinary rules against a defector who defects for his vested interest but simultaneously they also feared that in execution of such penal rules, the leader may not become arbitrary and may not cause spoiling a right personality defecting on ideological stances.

Keeping in the view the above observations in mind, it is suggested that the following amendments may be inserted in anti-defection laws:

  1. The member or group of members who defect shall announce the ideological difference between the manifesto of the party and the policies adopted by the party, besides the causes for his right to differ. Before defecting, he shall lay a paper of his differences with the party. The paper shall be presented before the General Body Meeting (GBM) and votes shall be called. If the defector or his group receives 50% plus 1 vote of the members present and voting in his favour, the defection shall be allowed valid and no disciplinary action shall follow for his defection and his right of defection shall be recognized. Such cases should be decided within the shortest stipulated period.

    If the defection is not allowed in the GBM as valid as per the above procedure, he shall resign from the membership of the legislature and shall return back to the public for fresh mandate.

    The reason is that the defector had joined the seat in the legislature on a particular party symbol and he is under the constitutional obligation to renounce his membership from the legislature for such undemocratic and invalid defection.

  2. If such even individual right of defection is recognized, then the defector shall announce it in public who shall submit a certificate to the party not to disturb the secrecy of the party differences with him.
  3. On recognition of such right, he shall not be allowed to join any other party or group of parties and shall also not be entitled for any post of benefit or any portfolio, during the tenure of the House who shall remain only as an ordinary member of the House.

    The reasons for maintaining his seat in the legislature on the recognized defection are that the defector had returned to the seat of the legislature on the party symbol besides his own individual image and reputation in public. He owes not only an obligation and responsibility to the party but also to public who have elected him for his individual caliber, work, image and reputation. It is further mentioned that a right to differ is also recognized in Britain but with caution. It is also pointed out that a candidate on joining a particular political party accepts the ideology of the party and does not surrender for each and every wrongs of the party forever. And if he leaves the party for individual committed values, he has a right to serve the public as their representative in the legislature.

Statutory rules for political coalitions/alliances

  1. Pre-poll Alliances
    1. If two or more political parties opt for political alliances before polls then an agreement has to be arrived in writing and a common minimum manifesto shall be announced through a paper to be published in public. The points of differences of ideologies shall be clarified and left in the common manifesto.
    2. The parties coalescing at a particular area shall not be allowed to contest against each other in any other part of the state or the country as the case may be.
    3. The coalescing parties shall announce its President/Leader to the public so that the public are aware of the leader to whom they are voting, it may further avoid any dispute among the members for appointing their leader.
  2. Post-Poll Alliances
    1. If two or more political parties coalesce after polls, they shall announce their common minimum programme within 72 hours, along with a testament of agreement fixing a particular minimum tenure of not breaking the alliances for any reasons.
    2. The agreement along with common minimum programme shall be made public through a publication in the official gazette and summary thereof be published in the leading newspapers. The name of the leader be announced publicly.
    3. The agreement should specifically detail the points of differences of their manifestoes and the undertakings to forego their differences till the stipulated expiry of coalition.
    4. If any coalescing partner breaks the agreement or violet the common minimum programme and the coalition fails, the defector shall be debarred for at least five years for contesting election for any political post and shall be disqualified to hold any post of benefits.
    5. If the coalescing partner is a political party as a whole, then the party shall be derecognized as a national party or the state party as the case may be, at least for two succeeding terms.

Statutory rules for framing of constitutional provisions for formation of Government

The provision for the process of formation of Government may be inserted as follows:

If there is no prospect or possibility, in the view of the President or the Governor, as the case may be, of a political party or group of political parties in alliance, forming a Government or providing a stable Government if formed, the President (Governor) through a massage to both the House of the Parliament (legislature), convening the joint session of both the Houses to elect a leader to be the Prime Minister (Chief Minister) through proportional representation by means of single transferable vote and the person elected be invited to form the Government.

In case of alliances of political parties through its leader claiming majority in the House, the Head of the State should exercise its personal wisdom either on personal information from each of the members joining the alliance or through any other means maintaining secrecy for the judgment may call or refuse to invite the leader to form the Government. In that case of refusal also, the above procedure for formation of Government may be adopted to ensure stability.

In case of political alliances of a number of political parties, the President (the Governor) may ask for the instrument of the agreement for the terms settled among the coalescing partners alongwith their common minimum programme based on a most agreeable national agenda for governance with a specified period guaranteed for continuance of such alliance.

Report of NCRW

It is worth mentioning that the genus and fabric of the above suggestions with slight differences of the opinion with the researcher, find mention even in the report of NCRW, the Annexure II produces a brief account of the same. The points on the relevant subjects appear to be appreciated the direction of the research and points out a review and in depth study for reviewing the Cabinet System of Government adopted in India.

To sum up it is submitted that the existing political system of cabinet government needs not to be switched over to a new system in a chaos for impasse of successive overturning of governments at both the levels. The Presidential System of Government has already being rejected by our Forefathers finding it unsuitable to Indian circumstances.

The political system of parliamentary regimes with cabinet governments are adopted by majority of democratic countries in the world finding it most suitable with the concept of democracy as it provides a system of regular assessment of governmental policies by its people through a system of responsible government regularly accountable to people through its body of representatives.

The parliamentary regimes in the world are producing long durability of cabinets with majority party system but the parliamentary democracy with multipartism are also successful though the durability of cabinets are ensured there by producing necessary conditions conducive to durability of cabinets.

In Indian circumstances, if parliamentary democracy with multipartism is to be continued, for its success and for avoiding frequent falls of cabinet, the Constitution of India has to create democratic conditions by way of amendments and statutory codifications for creating conducive political environment for securing long durability of cabinets at both the levels.

Indian politics if wants to continue with multiparty system has to learn to live with coalition politics and thus not only the statutory laws regarding election process and formation of government are to be reviewed but also to be framed in the direction of ensuring long durability of cabinets.

The coalition politics needs to be codified for generating moral energy needed for its health to bind the political world within the checks and bounds for maintaining their conduct in the direction of national interest for the larger group of people rather than to serve the vested interest of a particular individual or group of individuals. Commitments towards people are to be ensured through codifications to avoid vested interest of the parties and its leaders. Pulling of government for vested interest by any individual or party should be treated as political crime to people and preventive and punitive measures to be framed.

The study clearly finds that the parliamentary democracy with cabinet form of government is absolutely suitable to Indian circumstances and for its continuous success the need is to create democratic conditions conducive to secure long durability of its cabinets or in alternative in the extreme circumstances it is better to change the party structure rather than to change basic structure of the political system of cabinet form of government..