Functioning under a Coalition Government

Coalition government is a cabinet of a parliamentary government in which several parties cooperate. Coalition governments are usually formed as no party can individually achieve a majority in the parliament. However, a coalition government may also be created in a time of national difficulty or crisis. If a coalition collapses, a confidence vote is held or a motion of no confidence is taken.

The 1967 elections also initiated the dual era of short-lived coalition govemments and politics of defection. However, the elections broke Congress’s monopoly of power in the states. Congress was replaced not by a single party in any of the states but by a multiplicity of parties and groups and independents. Coalition governments were formed in all opposition-ruled states except in Tamil Nadu. In Punjab, Bihar and U.P., opposition governments included Swatantra, Jan Sangh, BKD, Socialists and CPI. Though CPM did not join these governments, it, too, actively supported them.

Congress too formed coalition governments in some of the states where it had been reduced to a minority, allying with independents and breakaway groups from the opposition parties. Except the DMK government in Tamil Naau and the Swatantra-led government in Orissa, the coalition governments in all the other states, whether formed by Congress or the opposition, proved to be highly unstable and could not stay in power for long. All the coalition governments suffered from constant tensions and internal strains because of the heterogeneity of the partners. These governments would get formed, break up as a result of changing loyalties of MLAs and then are re-formed again.

Parties, including Congress, would topple existing governments, change partners and form new governments. In between governments, a state would sometimes undergo a period of President’s Rule or even mid-term polls, which seldom changed the pattern of seats in the assembly. Thus, from the 1967 general elections to the end of 1970, Bihar had seven governments, U.P. four, Haryana, Madhya Pradesh, Punjab and West Bengal three each and Kerala two governmental changes, with a total of eight spells of President’s Rule in the seven states.

The other important feature of the coalition governments of the period was the beginning of the politics of defection. Many of the governmental changes in the northern states were the result of defections or floor crossings by individual legislators, both party members and independents. Corrupt legislators indulged in horse-trading and freely changed sides, attracted mainly by lure of office or money. In Haryana, where the defection phenomenon was first initiated, defecting legislators began to be called Ay a Ram and Goya Ram (in-coming Ram and out-going Ram). Consequently, except in the case of the two Communist parties and Jan Sangh, party discipline tended to break down. Between 1967 and 1970, nearly 800 assembly members crossed the floor, and nearly 155 of them were rewarded with ministerial offices.

Principles of Natural justice & Rule of Law

 

Rule of Law may be defined as a principle of governance in which all persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards. It requires, as well, measures to ensure adherence to the principles of supremacy of law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision-making, legal certainty, avoidance of arbitrariness and procedural and legal transparency.

In Indian Constitution, Rule of Law has been adopted under the Preamble where the ideals of justice, liberty and equality are enshrined. The Constitution has been made the supreme law of the country and other laws are required to be in conformity with the Constitution. Nonetheless, the courts have the onus to declare any law invalid, which is found in violation of any provision of the Constitution.

Principles of natural justice are firmly grounded in Articles 14 and 21 of the Constitution. The two basic principles of natural justice are – Nemo judex in causa sua – No one should be made a judge in his own cause or – Rule against Bias

Natural Justice is another name of commonsense Justice.Rules of Natural Justice are not codified canons but they are principles ingrained into the conscience of man.  Natural Justice is the administration of Justice in a commonsense liberal way. Justice is based substantially on natural Justice is based substantially on natural • ideals and human values. The administration of Justice is to be freed from the narrow and restricted  considerations which are usually associated with a formulated law involving linguistic • technicalities and grammatical niceties. • ?It is the substance of Justice which has to determine its form.

The expressions “Natural Justice” and “Legal Justice” do not present a water tight classification.  It is the substance of Justice which is to be secured by both and when ever legal .Justice fails to achieve this solemn purpose, natural Justice is called in aid of legal .Natural Justice relieves legal Justice from unnecessary technicality, grammatical  pedantry or logical prevarication. It supplies the omissions of a formulated law.