Time to prove that we can tackle hung legislatures: President

President Shankar Dayal Sharma on Monday called for ''wholesome, comprehensive, constructive and meaningful'' examination of the problem thrown up by hung legislatures. ''We must face up to reality squarely and be practical and purposeful,'' he said.

Inaugurating the two-day governors's conference on the role of the Constitutional head in a hung legislature, the President said, ''We have to bestir ourselves to prove that there are institutions and systems which can efficiently and confidently deal with the situation.''

This issue, Dr Sharma said, needs a judicious outlook, one based on experience, vision and pragmatism. Procrastination or drift, he added, creates scope for uncertainty, confusion, controversy and acrimony.

He underlined the importance of the Constitutional head functioning with impartiality, independence, constitutional propriety and transparency.

The President said the position of the governor and the President was mutatis mutandis, but there were some important differences. He said there is no provision to impose the President's rule at the federal level -- that option simply does not arise.

''The Constitutional head must come forth as a custodian of the Constitution, source of confidence and assurance for the people -- and even more so in periods of tension and crisis,'' he said

''We should have a clear vision of the manner in which mechanisms and processes of our Parliament would need to function and develop to be fully in tune with the essential principles of the parliamentary form of governance in our federal republic in the decades ahead,'' he added.

The President said ascertaining the views of leaders of political parties would enable a more comprehensive perception of various dimensions of the theme of the conference. This is essential having regard to the key role that the Constitutional head is required to perform in the given context.

The Sarkaria Commission and a committee of governors, he said, had given their recommendations on the role of governors in the event of a political crisis. Despite this, certain questions remained unanswered. He wanted the governors to address the question when a particular ''configuration of political parties forms a government, and then following the withdrawal of the support by one or more of its supporting parties, its government suffers a defeat in the relevant house, but the same configuration of political parties re-forms and there is no other alternative government.''

Dr Sharma said the decision to have a general election involves every state and Union territory, entails colossal public expenditure, nation-wide shift in the focus of priorities of the government activities for appreciable period and management of elaborate internal security. A decision to have elections also involves assessment regarding international relations and the federal security environment with special reference to aspects of security.

Meanwhile, there was near consensus at the conference that the President or governor should address Parliament or assembly on major policy initiatives and programmes only after the government wins the vote of confidence.

Rashtrapati Bhavan sources said there were no reservations in the political parties on this subject. The President also mentioned this issue in his address.

The President's address to Parliament after Bharatiya Janata Party leader A B Vajpayee was installed as prime minister came in for some criticism when the party lost power less than two weeks later.

In his address on Monday, Dr Sharma said that at the commencement of the first session after each election to the legislative assembly, the governor shall address the assembly and inform the legislature of the causes of its summons.

An address represents policies and programmes proposed to be implemented by the council of ministers and invites the consideration of the legislature in this respect. However, it is argued that the circumstances are materially different when a government is asked to first seek a vote of confidence.

In such a situation the question arises whether the address should not focus exclusively on the cause of the summoning of the legislature, the President said.

If the council of ministers succeeds in securing the conference vote, it remains open to them to advise the governor to make an address under 175(1) of the Constitution whereby the policies and programmes could be indicated.

UNI