Governor's Role in Hung Assemblies: UP's 1997 Constitutional Crisis and Judicial Precedents
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Hindustan Times - India · 10 May 2026 · 2 min read
Prelims · Polity Mains · GS2 Polity and constitution High relevance
The 1997 Uttar Pradesh constitutional crisis, where Governor Romesh Bhandari's controversial decisions led to dual chief ministers, underscores the critical role of governors in hung assemblies and the need for constitutional propriety.
Key points
SR Bommai vs Union of India (1994) judgment was invoked by BJP to demand a floor test, establishing that majority must be proven on the Assembly floor, not through gubernatorial discretion.
Governor Romesh Bhandari refused to invite Kalyan Singh (BJP) despite being the single largest party, citing lack of majority proof, contrary to Sarkaria Commission's recommendation to invite the largest party first.
President's Rule under Article 356 was imposed in UP in 1996, later revoked after Kalyan Singh proved majority, highlighting the misuse of constitutional provisions for political ends.
The crisis saw unprecedented events: dual chief ministers for hours after Bhandari swore in Jagdambika Pal (Loktantrik Congress) despite Kalyan Singh's majority, requiring Supreme Court intervention.
[GS2-Polity] This connects to federalism debates under Article 355 (duty to protect states) and judicial review of governor's actions, as seen in Nabam Rebia (2016) case.
President KR Narayanan set a constitutional precedent by refusing to accept Cabinet's recommendation for President's Rule, forcing reconsideration when majority was proven.
[GS3-Security] The political instability impacted UP's law and order, with BJP's 'Gherao Raj Bhavan' protest reflecting tensions between elected government and appointed governor.
The episode exposed cross-party defections, with MLAs switching allegiances, later addressed by the 91st Amendment Act (2003) that strengthened anti-defection laws.
Way Forward: Governors must follow the Sarkaria Commission's guidelines strictly, Supreme Court should expedite cases involving floor tests, and the President's Rule should have a higher judicial threshold akin to the Bommai case safeguards.
Key terms
- Article 356
- Constitutional provision allowing central government to impose President's Rule in states during governance breakdown. Misuse was curtailed by SR Bommai judgment (1994), which mandated floor test proof before invocation and made it subject to judicial review.
- Sarkaria Commission
- 1983 commission on Centre-State relations whose recommendations include inviting the single largest party first in hung assemblies, limiting Article 356 use, and establishing Inter-State Councils under Article 263 for cooperative federalism.
- SR Bommai Case
- Landmark 1994 Supreme Court judgment that ruled President's Rule under Article 356 is subject to judicial review, majority must be proven on Assembly floor, and state government dismissal is unconstitutional unless proven otherwise.
- Floor Test
- Constitutional process where a chief minister proves majority support in the legislative assembly through a vote. Mandated by Supreme Court in cases of doubt, as established in the Bommai case to prevent arbitrary dismissals.
Practice question
Discuss the constitutional and political implications of the 1997 Uttar Pradesh constitutional crisis, with reference to the role of governors in hung assemblies. (250 words, 15 marks)
GS2 15 marks 250 words Mains
Key terms to include: SR Bommai Case Floor Test Article 356 Sarkaria Commission Article 355 Nabam Rebia case 91st Amendment Act President's Rule
Answer framework
Introduction
Briefly introduce the 1997 UP constitutional crisis, highlighting the controversial role of Governor Romesh Bhandari and the subsequent judicial interventions.
Constitutional Implications
Violation of Sarkaria Commission's recommendation to invite the single largest party first.
Misuse of Article 356 and the subsequent judicial review as established in SR Bommai case.
Importance of floor tests to prove majority, as mandated by the Supreme Court.
Political Implications
Instability and dual chief ministers leading to political chaos.
Impact on federalism and Centre-State relations.
Cross-party defections and the need for stronger anti-defection laws.
Role of Governors
Need for constitutional propriety and neutrality in hung assemblies.
Judicial precedents like Nabam Rebia case to check governor's discretionary powers.
President KR Narayanan's precedent of refusing unconstitutional recommendations.
Conclusion
Suggest reforms like stricter adherence to Sarkaria Commission guidelines, expedited judicial reviews for floor tests, and higher thresholds for invoking President's Rule to prevent future crises.
Fact check
All facts verified