Analysis on Constitutional Crisis in Maharashtra (2020)

After  the COVID-19 pandemic, Maharashtra’s Election Commission postponed all elections, including those to the Rajya Sabha, all byelections, and local body elections, resulting in a constitutional crisis.

The Constitutional Crisis began when Maharashtra Chief Minister Uddhav Thackeray took the oath of office on November 28, 2019, despite not being a member of either the State Legislature or the State Council.

Provisions of the Constitution and the Law

According to Article 164 (4) of the Constitution, any minister who is “not a member of the Legislature of the state for any period of six consecutive months shall cease to be a minister at the end of such term.”

Within six months of taking office as Minister, you must become a member of either the state legislature or the Legislative Council.

This would have been conceivable for Uddhav Thackeray if the legislative council elections had taken place on March 26th as planned.

Due to the spread of the COVID-19 pandemic, the Election Commission exercised its powers under Article 324 of the Constitution and Section 153 of the Representation of the People Act, 1951 to postpone the elections indefinitely.

If the election or nomination could not be completed within six months, the other option was to resign at the conclusion of the period and take the oath again right away.

In S R Chaudhary vs State of Punjab (2001), the Supreme Court ruled that “it would be subverting the Constitution to allow an individual who is not a member of the Legislature to be appointed a Minister repeatedly for a term of ‘six consecutive months’ without getting himself elected in the meantime.” As a result, a 164 (4) double application was ruled out.

Civic Bodies and By-elections

Following the announcement of election results on October 24, the Shiv Sena refused to help the BJP in forming a government, citing the BJP’s pledge of an equal share of power. The Shiv Sena also wanted the job of Chief Minister for a period of 2.5 years, based on a 50-50 deal. However, the BJP turned down such an offer and eventually severed ties with Shiv Sena, one of their longest allies.

The Governor of Maharashtra, Bhagat Singh Koshyari, invited the BJP to form a government as the single largest party on November 8, 2019. The BJP, however, declined to form a government on November 10 due to a lack of a majority. The Shiv Sena, India’s second-largest political party, has been invited to form the government. The Governor invited the NCP to form administration on November 11th. The governor advocated president’s rule to the Council of Ministers of India and the President the next day, when the NCP failed to garner majority support. The president’s rule was imposed when this was agreed.

Formation of the First Government

The president’s authority was annulled in the early hours of November 23, and BJP Chief Minister Devendra Fadnavis was inducted in for a second term, while NCP leader Ajit Pawar was sworn in as Deputy Chief Minister.

NCP head Sharad Pawar, on the other hand, stated that Ajit Pawar’s choice to back the BJP was his personal and not the party’s.

The NCP broke into two factions, one commanded by Sharad Pawar and the other by Ajit Pawar, his nephew.

After Fadnavis’ oath, the Shiv Sena, the NCP, and the INC collected up their MLAs and kept them secluded in hotels and buses to prevent horse-trading.

Formation of the Second Government

The Maha Vikas Aghadi (MVA), a post-election alliance of the Shiv Sena, the NCP, and the INC, together with smaller parties like the Samajwadi Party and the Peasants and Workers Party of India, claimed a claim to establish a new government under Uddhav Thackeray’s leadership. MVA leaders met with the governor and presented him with a letter of support from MVA MLAs. On November 28, 2019, Thackeray was sworn in as Maharashtra’s 19th Chief Minister at Shivaji Park in Mumbai.

What Role does the State Electoral Commission Play?

The election commission has the authority to enable political parties to use symbols. National parties, state parties, and regional parties are all recognised. It limits the amount of money that can be spent on polling. The commission is in charge of preparing electoral rolls and updating the voter’s list on a regular basis.

From the notification of elections until the revelation of results, the 

1. 1.EC makes decisions on every area of election conduct and control.
2. It enforces the Code of Conduct and penalises any candidate or political party who breaks it.

Conclusion

The Maharashtra Legislative Assembly election of 2019 took place on October 21, 2019, with all 288 members of the state’s Legislative Assembly being elected.The ruling National Democratic Alliance (NDA) of the Bharatiya Janata Party (BJP) and Shiv Sena (SHS) obtained a majority after a 61.4 percent turnout in the election.

The partnership was disbanded due to disagreements about government formation, resulting in a political crisis. President’s rule was enforced in the state because no council of ministers could be created after no party could form a cabinet.