This article written by Shruti Kulshreshtha, from Symbiosis Law School, Hyderabad, deals with the concept of hung parliament and the impact it has on the democracy of the country. It also discusses the role of the President in the situation of a hung parliament.

Introduction

India has adopted a multi-party system of Parliament. Multiple political parties run for the elections and the one having a majority of votes, forms the government. However, what happens when there is an absence of a majority. We have conveniently assumed that there will be a majority in the Parliament, either absolute or by the coalition, which seems to be unfair. Article 74 and Article 75 of the Constitution suggests that there is no requirement for the Prime Minister to gain an absolute numerical majority in the Parliament. This implies that the definition of ‘Hung Parliament’ is included in the definition of ‘Parliament’ itself.

What is hung parliament

According to the Reader’s Digest, a Hung Parliament refers to a Parliament wherein no party has a working majority. A Hung Parliament occurs when neither of the parties has gained an outright majority and the Parliament is equally balanced. Hence, no party can automatically assume control over the executive. When this situation occurs, the government has 3 choices left, form a coalition government, or form a minority government or conduct re-elections. A Hung Parliament is not a time-specific phenomenon. Even when a party or a pre-electoral alliance has gained the majority and formed the government, a reduction in the membership of this party of alliance can cause a Hung Parliament. 

The 1st Hung Parliament in India happened in 1989 in the general election since no party had a majority of seats in the Lok Sabha. The single largest party formed the government with the help of outside support. In the Hung Parliamentary system, the seats are divided amongst national parties and regional parties, such that a hung parliament cannot occur in the next elections since the parties are forming smaller units resulting in the distribution of votes. There are various impacts and reasons for Hung Parliament but the Indian Constitution is silent on this matter.

Reasons for a hung parliament

The paramount cause of a Hung Parliament is the absence of a majority in the Parliament. But there are numerous reasons for this causation. Understanding the reason for the occurrence of a Hung Parliament holds much importance as only after the analysis of these reasons, the government can take measures to avoid each of them and as a result, reduce the possibility of dealing with the situation of a Hung Parliament. Following are the primary reasons due to which a Hung Parliament is caused:

Strength of regional parties

With the years passing by, the regional parties have gained strength at the national level as well, which has been one of the reasons for hung parliaments in India. In 1989, regional parties had 27 seats which have increased to 159 seats in the year 2004. Regional parties have dominated national politics thereby making it difficult for the national parties to form a government. There have been cases where a coalition with these regional parties do not work out. On the other hand, if managed carefully, many coalitions have worked very well too.  

Low election turnout

The percentage of election turnout has been very low. India has an election turnout of 60% since the first elections and this percentage is not rising. Due to low turnout, the possibility of a hung parliament enhances.

International scenario 

In India, the concept of Hung parliament has been inspired by international situations. 90% of the governments formed in Denmark have resulted in a hung parliament. Norway, Sweden, Germany and many other European nations have seen Hung Parliaments. Even in Canada, the average tenure of a government is 1 year and 4 months. India has taken the experiences of these countries to set out the system of Hung Parliaments. 

Defection 

The 10th Schedule of the Indian Constitution permits political parties to change their parties after the elections if one-thirds of the party decides to split. Two-thirds of the members are required to agree in cases of merger of parties. The Speaker has the final say in this. If a No Confidence motion takes place and the ruling party fails to trust vote, then fresh elections are held. The laws of defection are not implemented in a strict manner thereby giving an opportunity to the political parties to gain power by a crooked means.

Impact of hung parliament

A Hung Parliament has many effects on the country, from administration to changing roles. All of these effects of a hung parliament, in turn, impact the democracy of the country since they have a constitutional aspect also. Following are the impacts of a hung parliament on a country like India: 

Political Instability 

Hung Parliament gives rise to political instability. National parties seek the help of regional parties to form the government. In return, the regional parties demand ministerial posts and other benefits to support the national party. Sometimes, the parties are compelled to undertake unfair practices for forming the government. Firstly, the executive may have incompetent ministers due to the representation of regional parties, who were not elected by the citizens. Secondly, the future of the country is in the hands of the government and if this government is formed without a majority, the people might lose trust in the government, which will lead to political instability. It is an unfavourable and terrible scenario to have a politically unstable government for a country which is the largest democracy in the whole world. Hence, it thereby affects the democratic aspect of the country as well.  

Trade and Commerce

Hung Parliament will effectuate an insatiable government. An effective trade and commerce policy requires strategic planning, but a hung parliament will result in an onerous decision-making process. After the Lok Sabha election of 2004, the stock market fell by 900 points implying that the market believes in a stable government. The corporate sector and the capital market requires the power to be in stable hands. A weak trade and commerce will harm the economy of the country and will reduce the development and growth of the economy.

Minority Government

A minority government refers to the government which is formed even after having less than majority seats. When a coalition comes into power, it is due to the support of various parties who do not have majority seats. Such a scenario gives rise to difficulties in decision making. Although the coalition so formed becomes the government, still they are separate parties and this is evident in the decision-making process where coming to a consensus is tough. A minority government considers only the short term benefits of the nation and long term benefits of the party. Unsuccessful coalitions tend to satisfy the needs of its support groups and overlook the prosperity of the country. Hence, a minority government might prove to be detrimental to democracy as it lacks political management. 

Role of the President

When the situation of Hung Parliament arises, the constitutional institution of the President is empowered to take certain steps, making the role of the President pivotal in such a situation. In India, fresh elections are conducted when none of the parties are capable of forming the government. Until then, the President’s rule is applied. However, before bringing President rule, the President in case of Lok Sabha elections and the Governor of the State in case of State legislatures gives the opportunity to the parties to form a coalition government so that fresh elections can be avoided.

Due to the fractured mandate, the President is required to appoint a Prime Minister. The Sarkaria Commission was appointed to give guidelines regarding the appointment of the Prime Minister in such cases. The commission observed that:

• First preference should be given to a pre-electoral alliance that has attained a majority.
• The second preference should be given to the single largest party which is not having a majority.
• The third preference should be given to the post-electoral alliance with a majority.
• Last preference should be given to a post-electoral alliance where some partners join the government while others provide outside support.

However, this classification suggested by the commission poses fundamental problems since it does not consider the party closest to the majority. Although the 3rd option might have a majority, the President can invite the single largest party to form the government. Nonetheless, the Report of Sarkaria Commission presents that the President has a crucial role in the appointment of the Prime Minister in a Hung Parliament. 

During the 1989 elections, the following political propositions were advocated:

• If a government is defeated in the House it may appeal to the electorate. However, a government which is defeated at the polls totally exhausts its opinion to stake a claim to form a government for the next parliamentary term
• In the event of the defeat of the previous government, the people have wanted a changed government. The effect must be given to the will of the people by first exploring the possibility of an alternative government to the one that has just lost the election
• In the cases above, the Prime Minister defeated at the polls must offer his resignation – the resignation to take effect when the process of selecting the Prime Minister has been completed. Such a resignation should be made even if the outgoing Prime Minister’s party has lost the majority, remains the largest single party after the election
• The President must explore first the possibilities of the opposition forming the government, giving the first choice to the person who claims the largest support
• Where a leader singly, and without competition, states that he can form a government such government must be permitted to test its strength on the floor of the House
• Where the opposition refuses or gives up the attempt to form a government, the President must then (and only then) explore the possibilities of the party defeated at the polls forming a government and testing its majority on the floor of the House.

The above propositions were formed keeping in mind the constitutional principles of democracy and parliamentary freedom. The Supreme Court has declared the parliamentary form of government as part of the basic structure of the constitution which cannot be destroyed. Hence, the presidential form of government cannot sustain in India for long since it is against the parliamentary system adopted by the makers of the constitution. Hence, the President’s decision carries immense significance in a Hung Parliament.  

Conclusion

It is observed in most cases of Hung Parliament situations in India, that instead of holding fresh elections, a coalition government is formed. Many people oppose the coalition and want the regional parties to back off from national elections. But doing so will put a taint on the democracy of the nation, which is a part of the basic structure of the constitution and is prima facie unconstitutional. Article 19(1)(c) of the Indian Constitution gives the fundamental right to all citizens to form an association although, even political parties are subject to reasonable restrictions. In addition, due to the varying interpretations given to the cases of Anti-defection law, the practice of defection is not yet curtailed and has been given the scope of growth. The ideology behind defection or floor crossing is the cling to power and not the opportunity of an alliance. Thereby, this gives rise to an unstable government. It is suggested that the Speaker and the President of the country should be entrusted with more powers in the hung parliament scenario so as to tackle this situation in a better manner. A statute or a set of rules should be framed for regulating the political parties in cases of a hung parliament.    

References

1. http://www.legalserviceindia.com/article/l389-Hung-Parliament.html
2. https://www.insightsonindia.com/wp-content/uploads/2013/09/cnstitutional-law-hung-parliament-and-the-role-of-the-president.pdf
3. https://shodhganga.inflibnet.ac.in/bitstream/10603/52353/8/08_chapter%202.pdf      

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