Discretionary Power of Governor in Appointment of Chief Minister in Case of Hung Assembly: A Constitutional Silence turned Into Constitutional Gap

The post of governor is a constitutional one, he is not reckoned as part of the legislative organ rather, he is considered to be the fountainhead of state executive machinery. The central object of the governor is to balance the interests of the union and the states and to ensure a smooth flow of powers without any overlap. The governor holds the office during the pleasure of the president, and, therefore, owes his appointment to the president. To fathom a smooth balance of powers between union and state the constitution has explicitly vested certain powers to the governor. Be that as it may, there have been instances wherein the governor has misused his constitutional powers, one such instance being during the appointment of the chief minister of a state in case of a hung assembly. Ergo, the authors through this paper intend to analyse the extent of discretionary powers of a governor vis-à-vis hung assembly. The authors have also traced the history of hung assemblies and brought out the recommendations and observations made by the various committees. Finally, the authors conclude by providing rational solutions to overcome the state-governor conundrum.