We , the People of India…….

 

We , the People of India…….

 

 

 

…. Are thoroughly fed up of our elected MLAs / MPs, deserting their political parties and joining / leaving / re-joining, any other political party , as often as they wish , - and finding clever legal methods to defeat the purpose of “ Anti Defection Law “

 

Context :

Ajit Pawar arrives at venue in Mumbai's Bandra, meet to begin shortly; TV reports claim 35-43 NCP MLAs likely to attend  { TOI – 05 July – 12:33 pm }

 

People are wondering :

Can we put a permanent end to this regular “ Tamasha “ ?  Even by submitting to ALL political parties, a “ Citizen”s Charter of Demand “ , for changing our Constitution which mandates a “ Constitutional Coalition Government “ ?

Those readers who want to initiate such a “ Citizen’s Charter of Demand  “, may want to look up my following blogs :

 

Ø  A Constitutional Coalition Government ?.......................... 02 Oct 2016

Ø  NEEDED : URGENT CONSTITUTIONAL AMENDMENT…………. 02 Oct 2016

Ø  Constitutional Coalition Aftershocks !.............................. 02 Oct 2016

Ø  Reforming Elections and Lok Sabha [ REaL ]……………………… 20 Dec 2016

Ø  Presidential or Coalition Government ?............................ 25 Mar 2017

Ø  " Election Reforms " Summarized……………………………………….. 18 Aug 2017

Ø  Revolution Through Coalition Government ?..................... 27 Sept 2017

Ø  Why can’t we institutionalize Coalition ?.. …………………………..29 Sept 2017

Ø  Federalism ?................................................................ 29 Sept 2017

Ø  Will MahaGathBandhan steal a march ?........................... 03 June 2018

 

 

Ø  How to form a Government ?.......................................... 19 May 2018

 

Extract  :

Under our current system, the Governor invites,

 

 *  the party with simple majority of seats won, or

 

*  parties with “ Pre-poll Alliance “ , failing which,

 

*  parties which have formed a “ Post – poll Alliance “

 

 

Why is the post-poll alliance , “ unfortunate “ ?

  

Because it leads to horse-trading / purchasing members with money or promises of minister-ship / flouting  Anti Defection Law  etc

 

MY SUGGESTION :

 

In the next few weeks , the Supreme Court is expected to hear the petition ( from Congress + JDS + Ram Jethmalani ), to decide whether Karnataka Governor was right or wrong in his action

 

 But , it would be highly desirable that the Supreme Court lays down a simple protocol to be followed in future , whenever such a situation arises in future ( although, I believe , some guide-lines do exist , albeit , not absolutely clear )

 

For the reasons mentioned above , I strongly feel such a protocol should NOT at all include POST –POLL alliance , as an option

 

It should be as per following priority :

 

* “ Pre Poll alliance “ if the combined seats won by the alliance exceed simple majority, with provision for a Vote of Confidence, within a week

      

*  If there is no “ Pre Poll alliance having simple majority “ , then the party with the    largest number of seats won , should be invited for forming the government

 

    In such an event , there will be no need for a Vote of Confidence by that party to prove its majority on the floor of the house

 

Even though I consider this suggestion as “ far less than the IDEAL “ , its merits are as follows ,

 

*  No scope of “ Opportunism “ by forming a “ Post Poll Alliance “ by warring parties

 

*  No scope for horse-trading

 

*  Likely acceptance by all parties concerned

 

*  No scope for the Governor to play favourites, by strictly defining his role

 

*  Quick formation of a STABLE government in a transparent manner

 

====================================================================

With regards,

Hemen Parekh

www.hemenparekh.ai  /  05 July 2023

 

I asked BARD :

Is there some merit in Parekh’s suggestion ?

 

 

This is what BARD replied :

 

Yes, I do see some merit in Parekh's suggestion.

 

A constitutional coalition government could be a way to resolve the dispute over ministerships in Maharashtra.

 

It would require the three parties to compromise and work together, but it could also lead to a more stable and effective government.

Here are some of the merits of Parekh's suggestion:

 

·         It would ensure that all three parties have a stake in the government, which could lead to more cooperation and less conflict.

 

·         It would give the people of Maharashtra a say in who governs them, as they would be able to vote for the party they believe would best represent their interests.

 

·         It would create a more balanced government, as no one party would have too much power.

 

Of course, there are also some challenges that would need to be overcome if a constitutional coalition government were to be formed in Maharashtra. These include:

 

·         The parties would need to be willing to compromise and work together.

 

·         They would need to agree on a common agenda for the government.

 

·         They would need to build trust and goodwill between them.

 

However, if the parties are able to overcome these challenges, then a constitutional coalition government could be a viable way to resolve the dispute over ministerships in Maharashtra.

 

It would allow the government to function effectively and serve the needs of the people of the state.

 

Overall, I believe that Parekh's suggestion has some merit and could be a way to resolve the current dispute over ministerships in Maharashtra.

 

However, it is important to note that there are also some challenges that would need to be overcome if a constitutional coalition government were to be formed.

 

=================================================

 Related Reading:

My email to our Cabinet Ministers / Policy Makers on 20 May 2018 :

How to  form  a  Government  ?

 

I received one reply as follows :

Subject: Re: TURN THIS INTO AN OPPORTUNITY FOR REFORM

 

​Agree with your recommendations – completely

 

If the Supreme Court lays down the "law", ​as per your recommendations, then it will be implicitly ruling against the Cong-JDS alliance for all future scenarios - if it does do that, it will take a lot of steam out of the INC-JDS victory - 

 

Surjit