President Zail Singh made Rajiv Gandhi Prime Minister after the assassination of Indira Gandhi, without waiting for anybody to recommend him. Because the Constitution allows him to exercise his ‘discretion’ on satisfying himself that he could provide stable government. The Constitution authorizes him to appoint any person as the Prime Minister. Almost similar powers are given to Governor as the head of state (Article 153). Till Rajiv Gandhi expanded the cabinet within a few days, Indira’s old cabinet continued. He recommended dissolution of House and faced polls to win with 4/5th majority. Thereafter Rajiv Gandhi picked up his team and took oath with big team.
The Constitution as amended (91st Amendment in 2003) prescribed mandatory minimum of 12 and maximum 15% ministers of the strength of the party in the House (Article 164 (1-A). When the entire team of Nehru, Shastri, and Indira at Centre and YSR in AP continued, it meant that there existed a sufficient number of ministers and it could not be rendered unconstitutional by this new mandatory provision. Though British convention says that the death of Prime Ministers puts an end to his cabinet, India had a different practice emerging out of incidents of appointing Nanda. The most accepted practice is that the ‘convention’ ceases to exist the moment it is broken. Thus the British convention being broken in India, is no more a convention. Even otherwise, we have not inherited (and need not inherit) British convention
By: LBS Honest Man
On: 09 Feb 2011 01:01 pm –
I saw LBS as a young kid in 1965 and was moved by his sincere honest greetings to all citizens who stood to watch him pass by when he arrived in Mumbai (then Bombay). One story I remember that he took his own pressure
cooker to have his cook/wife cook his own vegetarian n food even in Tashkent, Russia, before his untimely
death. He was a true Gandhian. Every cell in his body had honesty, sincerity, patriot, and truthful encoded
in them. He, Sardar Vallabhai Patel. G.L. Nanda, S.P. Mukherjee were some of the well known Gandhians.
Definitely the Nehru/Gandhi family have put their mark of institutionalization of corruption at every level
in public and private sectors and thus hope for India is ONLY in DIVINE INTERVENTION. GOD.