Arbitrary, capricious

Arbitrary, capricious

News:

1. The Governor of Karnataka invited the President of State BJP-Karnataka to form the government in spite of the presence of a coalition which was bigger than BJP.

Important Facts:

2. Some analysts feel that the Governor acted in a politically partisan manner which goes against the Constitutional feature of neutrality of office.
3. Mr B.S Yeddyurappa, the leader of BJP Legislature Party showed no proof of winning the majority but was invited to form the government and then given time to prove majority within 15 days.
4. Political analyst feel that the coalition with majority would have formed a stable government. The present choice of the Governor would open doors to horse trading and defections.
5. The Constitution provide the Governor with a certain amount of discretion in selecting the Chief Minister. But this power was not meant to be used in capricious or arbitrary manner.
6. The BJP has said that the present action of the Governor is in line with the S.R Bommai judgement:

• In which the Governor can use his/her discretion when the Chief Minister loses majority in the House. The judgement does not talk about post-poll alliance but just observes that the Governor had to “invite the leader of the party commanding majority in the House or the single largest party/group to form the government.”
• But the S.R Bommai Judgement does not in anyway give preference to the single largest party over the largest group to form the government.

7. In Manipur and Goa, the single largest party- the Congress was not allowed to form a government. Preference was given to the largest post-poll coalition. Which is just the opposite of what has happened in Karnataka.
8. The Supreme Court has asked the Attorney General to produce before it, the letters written by Mr B.S Yeddyurappa to the Governor in support of his claim to form the government.