Political Turmoil in Haryana: Nayab Saini Government Faces Trust Vote Amidst Speculations of Assembly Dissolution

Political Turmoil in Haryana: Nayab Saini Government Faces Trust Vote Amidst Speculations of Assembly Dissolution

In the Haryana Cabinet meeting scheduled for May 15th, not only might the Nayab Saini government seek fresh confidence but also a decision could be taken to convene a special session of the assembly, as per an official statement from the State election department. This move comes amidst the backdrop of the current Nayab Saini-led BJP government possibly facing its second trust vote in the assembly in recent months to prove its majority.

In the current assembly, although there are 40 BJP legislators, they can vote either in favor or against the confidence motion or no-confidence motion primarily. This is because the Speaker can cast a deciding vote in case of a tie, as highlighted by Advocate Hemant Kumar. The next Haryana Cabinet (Council of Ministers) meeting is scheduled for the morning of May 15th at 11 am.

Speculations suggest that during this meeting, a recommendation might be made to the Governor to convene a special session of the assembly to test the confidence of the Nayab Saini-led BJP government for the second time in recent months, as it attempts to prove its majority in the House. According to the procedural rules of the Haryana Legislative Assembly, as per Rule 3, usually, the Governor summons the assembly session after a gap of three weeks or 21 days from the date of the last session. However, under certain special circumstances, it could be convened earlier.

This year, on March 13th, a special session was called just a day after Nayab Saini took the oath as Chief Minister. Nevertheless, if the regular interval of 21 days is adhered to, the session would be summoned only after June 4th, post the counting of votes for the 18th Lok Sabha elections and upon the declaration of results for the Karnal assembly by-election, for which Nayab Saini is in the electoral fray as the BJP candidate.

It’s worth noting that while there are 88 members in the current Haryana Legislative Assembly, the support for the Nayab Saini government from 43 BJP legislators might seem like a narrow majority at first glance. However, the actual confirmation of this majority would be evident during the voting in the assembly, whether it be for a vote of confidence or a no-confidence motion. Despite the issuance of party whips and the risk of disqualification under the anti-defection law, opposition legislators can not only abstain from the proceedings but also cross-vote against their party.

In the current Haryana Legislative Assembly, there are indeed 40 BJP members, but as per the constitutional provision, only 39 BJP legislators can vote either in favor or against the Nayab Saini government (if a vote of confidence is proposed) and in opposition (if a no-confidence motion is proposed). This is because as per Article 189(1) of the Indian Constitution, the Speaker of the Legislative Assembly can cast his decisive vote only in the event of a tie in the house.

However, the question arises whether during the Cabinet meeting on May 15th, the Chief Minister might also propose to the Governor to prematurely dissolve the 14th Haryana Legislative Assembly, whose term extends until November 3, 2024. Although the Chief Minister has the authority to recommend such a move to the Cabinet chaired by Nayab Saini, it depends on whether the Governor will approve the early dissolution of the current Haryana Legislative Assembly. This decision will hinge upon whether the Governor has confidence in the Nayab Saini government’s majority in the current assembly. Nonetheless, if the Governor grants approval and the assembly is dissolved, the Election Commission can conduct fresh general elections for the assembly within a maximum of six months from the date of the assembly’s dissolution, during which time Nayab Saini can continue as the acting Chief Minister. From August 2009 to October 2009, Bhupinder Hooda and from December 1999 to February 2000, OP Chautala similarly continued as acting Chief Ministers after prematurely dissolving the respective Haryana assemblies.

However, Hemant also noted that 23 years ago, in April 1991, the then Governor of the state, Dhanik Lal Mandal, had rejected the recommendation of the then Chief Minister OP Chautala’s cabinet to dissolve the then Haryana Legislative Assembly. This was because despite Chautala’s directives, the Chautala government had failed to prove its majority in the assembly. In March 1991, after three legislators from Chautala’s party were declared ineligible for membership by the Speaker under the anti-defection law, the Chautala government was reduced to a minority, prompting Mandal to order Chautala to prove his majority in the house. Nonetheless, after Mandal’s directive, Chautala failed to continue as Chief Minister until the next general elections, i.e., until June 1991, and the state was under President’s Rule from April 6, 1991, to June 23, 1991, with Mandal serving as the administrator during that period.

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