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In a hung Assembly scenario, the Governor's discretion to appoint a Chief Minister is guided by which constitutional convention, as reinforced by Supreme Court judgments?
- Appointing the leader of the largest single party without testing majority
- Appointing the leader most likely to command majority support, verified through floor test
- Appointing the senior-most legislator regardless of party support
- Deferring appointment to the President for decision
Answer: Appointing the leader most likely to command majority support, verified through floor test
Governor's discretion in hung Assembly: (a) Constitutional convention: Appoint leader most likely to command majority support in Assembly, (b) Supreme Court reinforcement: (i) SR Bommai (1994): Floor test primary method to test majority; Governor cannot dismiss Ministry without testing majority on Assembly floor, (ii) Rameshwar Prasad (2006): Governor's satisfaction must be based on objective material, not political considerations, (iii) Recent cases (2022-2024): Reiterated floor test as democratic standard, (c) Procedure: (i) Governor invites leader of largest party/pre-poll alliance first, (ii) If unclear, may invite leader demonstrating support through letters, MoUs, (iii) Floor test conducted within specified timeframe to verify majority, (d) Limits: (i) Governor cannot impose President's Rule without testing majority first, (ii) Cannot dissolve Assembly arbitrarily; revival possible if proclamation invalidated, (e) Illustrates federal balance: Governor as constitutional functionary, not political agent; floor test ensures elected representatives decide government fate, not appointed Governor.