Need for a Majority to Form the Government in India: Legal and Ethical Justifications

17 Pages Posted: 1 Nov 2009

See all articles by Ajitesh Mohan

Ajitesh Mohan

National Law School of India University; Clifford Chance Business Services Pvt. Ltd.

Date Written: October 31, 2009

Abstract

The purpose of this paper is to study the existing democratic system of forming the government in India, and to analyze the legal and ethical justifications for the system. For this, I went through some relevant important events of Indian politics.

Among the Legal Justifications, the first issue covered is Role of the President. I have analyzed what the Law says, and what actually happens. The second issue covered is Coalition Politics. I have tried to study the viability of coalition governments in the current unstable political scenario.

Among the Ethical Justifications, the first issue covered is Criminalization. I have studied the effectiveness of certain relevant provisions of the Representation of Peoples Act. The second issue covered is Communal Politics. I have tried to analyze how parties use this as an effective weapon of winning seats in elections. The third issue covered is Defection and Horse Trading. I have analyzed that how parties go to the extent of buying and selling of legislators, and the laws present to check this.

Finally, I concluded with suggesting a few changes in the existing legal and political system to check the practices that are unjustified both legally and ethically, but nevertheless they exist.

Keywords: democracy, India, politics, majority, elections

JEL Classification: K10

Suggested Citation

Mohan, Ajitesh and Mohan, Ajitesh, Need for a Majority to Form the Government in India: Legal and Ethical Justifications (October 31, 2009). Available at SSRN: https://ssrn.com/abstract=1497382 or http://dx.doi.org/10.2139/ssrn.1497382

Ajitesh Mohan (Contact Author)

Clifford Chance Business Services Pvt. Ltd. ( email )

Vatika Towers, B-Block,
Sector - 54
Gurgaon, 122002
India

National Law School of India University ( email )

Nagarbhavi
Bangalore, KS Karnataka 560242
India

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