President’s Rule in Maharashtra amidst Political Uncertainty

Amidst political uncertainty in Maharashtra, President’s Rule is imposed in the state after President Ram Nath Kovind approved Maharashtra Governor BS Koshyari’s report that no party could prove the majority. 

Immediately after the imposition, the Shiv Sena has approached the Supreme Court seeking an urgent hearing against the decision of the Governor to not extend the deadline, which was given to the Uddhav Thackeray-led party to prove its numbers to form the government in the state.

Governor BS Koshyari had given Sharad Pawar led Nationalist Congress Party (NCP) time till 8.30 pm on Tuesday to prove its numbers after Shiv Sena failed to get letters of support from its political rivals before the deadline set by the Governor.

No party could claim to form the government in the state even after more than a fortnight has passed, since the Assembly elections results were announced on October 24. Meanwhile, Devendra Fadnavis submitted his resignation as chief minister to the Governor on Friday.

The Governor again asked the single largest party in the new Assembly, the BJP to indicate its willingness and ability to form the government in the state. But BJP declined the offer saying it would not be able to form the government.

Maharashtra Assembly has 288 seats. The BJP has so far the highest number 105 seats with it but is not near the halfway mark of 144 seats. While Shiv Sena has 56 seats, the NCP and the Congress have 54 and 44 seats respectively. The BJP has been reaching out to the Independent candidates and smaller parties, still it does not have the numbers to form the government without the support of Shiv Sena. Meanwhile, Shiv Sena has been eyeing the chief minister’s post, but it is also not in a position to form the government without the support of the BJP either unless both the NCP and the Congress come together to form the government with the Shiv Sena.

What is President’s Rule?

According to article 356 of the Constitution, the President’s Rule in a state can be imposed in case of failure of the constitutional machinery in the state. 

According to rule if the President of India receives a report from the Governor of the state or otherwise and he or she is satisfied that a situation has arisen in which the government of the state cannot be carried on in accordance with the provisions of the Constitution, President rule can be imposed.

And if both the Houses of the Parliament approve it, President’s Rule can continue for six months. It can also be extended for a maximum of three years with the approval of the Parliament at an interval of every six months.

In the past, Maharashtra had had two stints of President’s Rule, once for 112 days between February 17, 1980 to June 8, 1980, when the government was dismissed even after then with the Congress Sharad Pawar was enjoying majority support in the state Assembly. Again for less than a month more recently in 2014 between September 28 and October 31 of the year as the Congress separated from its allies.