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I, however, saw substance in the plea that the defeated ruling party should not be asked to form the Ministry as it had forfeited the mandate of the people. But I also saw the danger of vesting discretion without objective criteria in the President. While the monarchy in Britain is hereditary and unconnected with parties, the President of India is elected by the majority party and his actions could be partisan or liable to be questioned as partisan. On the other hand, if he followed strictly the criterion of calling the largest party, he would avoid the charge of partisanship. Besides, the President would not be able to play politics by calling a party other than the largest on the basis of his subjective assessment that such a party, in his opinion, was capable of providing a stable government. (en) |
