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Tuesday, November 5, 2019

70 hours for the government in Maharashtra, otherwise the center will have to take a big decision

70 hours for the government in Maharashtra, otherwise the center will have to take a big decision

Since the results of the assembly elections in Maharashtra, political agitation has intensified due to political meetings and the rift in the BJP-Shiv Sena alliance. There is a phase of chaos in Maharashtra to form a government, but the government is unable to form it. If this situation continues till 9 November, then a lot will change after that.
70 hours for the government in Maharashtra, otherwise the center will have to take a big decision
70 hours for the government in Maharashtra, otherwise the center will have to take a big decision
Constituency expert Subhash Kashyap while talking to Aajtak.in said that after the election results are out, the first task of the governor is to complete the process of government formation. But for some reason the process of government formation is not complete, in such a situation, the Governor can refer to the President for President's rule.

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In the context of Maharashtra, constitution expert Subhash Kashyap said that the governor should go through the path of government formation in Maharashtra. However, it is the discretion of the Governor to invite whom he or she should form the government. In such a situation, if the government is not formed by November 9, the Legislative Assembly will not be dissolved because the new Legislative Assembly has come together.

In such a situation, the Governor can give responsibility to the current Chief Minister or then to the new Chief Minister. However, the caretaker Chief Minister cannot take any policy decision. They only have to watch the daily administrative work of the government.

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Explain that if there is no way to form a government in Maharashtra, then in such a situation the Governor can recommend the President's rule. The President has the power to declare emergency under three sections.

In case of war or foreign invasion, a national emergency can be imposed under Section 352, then an economic emergency can be imposed under Section 360. But in the current political situation of Maharashtra, an emergency can be imposed under Section 356.

This emergency is also called President's rule. In the Constitution, it has been described as a failure of the constitutional machinery in the state.

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If there is an emergency, then the executive power of the state will come into the hands of the President. The Parliament will look after all the functions of the State Legislative Assembly. These things will not affect the judiciary. Parliament has to agree on this within two months.

In such a situation, the governor acts as the representative of the state and all the powers of the state are in his hands. The assembly is suspended.

The duration of this presidential rule is 6 months or one year. If the President's rule has to be carried forward even after the completion of one year, then the permission of the Election Commission has to be taken for this. Even if the Election Commission agrees, President's rule cannot be imposed beyond a period of three years.

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During presidential rule, the governor can invite political parties to prove their majority. Currently Chief Minister Devendra Fadnavis is the 'caretaker Chief Minister' of the Government of Maharashtra. But, the Constitution does not say much about the concept of 'caretaker chief minister'. This terminology is used informally.

Explain that after the 2014 elections, the Maharashtra Legislative Assembly was formed on 10 November 2014. In such a situation, the assembly should be dissolved on 9 November 2019. In the assembly elections, BJP got 105 seats, Shiv Sena 56 seats, Nationalist Congress Party 54 and Congress 44 seats.

Apart from this, Samajwadi Party has got 2 seats, MIM 2, MNS and CPI one each and others have got 23 seats. There are a total of 288 seats in the Maharashtra Legislative Assembly and the majority needs the support of 145 members. But the number of majority depends on how many members are present in the assembly while proving majority.

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