A section of political and legal experts say that the SC, in all its judgements on the issue, has so far not interpreted the Constitution on whether Governor or the President have to make efforts to install a government even after the issuance of proclamation order under Article 356(1), particularly during the period of suspended animation pending approval by Parliament.

They point out that in all the available verdicts on the issue, including the judgement in S R Bommai’s case, the SC had held that a Governor and the President should exercise all available options to install a popular government in a state “before” recommending for President’s rule. And so far no verdict has dealt with the issues pertaining to the responsibilities of the Governor or the President to install a government after issuance of proclamation of President’s rule and before the matter was placed before Parliament.

Though Article 356(2) says that “any such Proclamation (issued under Article 356(1) ‘may’ be revoked or varied by a subsequent proclamation”, this provision appears to be a discretionary vested on those conferred with power.

This provision to revoke the President’s rule does not guide the President or the Governor to act in a particular manner, they pointed out.

The experts said even though the Constitution has given two-month deadline for Parliament to approve (or disapprove) such proclamation, it can not be necessarily said to be meant for making attempts to install a government in the event of changed circumstance. The two months time was given keeping in mind the time required to convene a session of both the Houses of Parliament. The Congress-led UPA government can make use of this “gray area” in law either to dissolve the Assembly by passing a resolution in Parliament or at least it can delay to honour the claim of the BJP-JD(S) to form the government again as there is no deadline to revoke the proclamation, if the authorities desire so.

But the BJP’s claim is that the President, as per the SC judgement in Bommai’s case, has no other alternative but to invite them to prove their majority in the Assembly by revoking the proclamation order.