What a hung assembly means after an election

A hung assembly results when no party or pre-poll alliance wins a majority. In Uttar Pradesh’s House of 403 the majority mark is 202. Parties then have to gather support after the election to form a government.

The governor’s role

The governor appoints the chief minister (Article 164). In a hung House the question of whom to invite first becomes central. The Sarkaria Commission suggested an order: a pre-poll alliance first, then the single largest party claiming a majority with others’ support, then a post-poll coalition with all partners joining the government, and then a post-poll coalition with some parties supporting from outside.

The suggestion is not law, but it has often been cited in governors’ decisions.

Testing the majority

In S.R. Bommai (1994) the Supreme Court said a majority must be tested on the floor of the House. The chief minister must win a confidence vote within a set time. If no government can be formed, President’s rule may be imposed and the assembly kept in suspended animation or dissolved.

Uttar Pradesh examples

Uttar Pradesh has twice had President’s rule after inconclusive results. After the 1996 election, President’s rule in force since October 1995 continued until March 1997. In March 2002, when no party had a majority, President’s rule was imposed and lasted until a new government was formed in May 2002.

Since 2007 every election in the state has given one party a clear majority: the BSP in 2007, the SP in 2012 and the BJP in 2017 and 2022.

Key points

• A hung assembly results when no party or pre-poll alliance wins a majority.
• The governor appoints the chief minister (Article 164).
• In S.
• Uttar Pradesh has twice had President’s rule after inconclusive results.

The 2017 baseline

The 2017 assembly election had 14,16,63,646 electors and turnout of 61.22 percent. The BJP won 312 seats on 39.67 percent. The Samajwadi Party won 47, the BSP 19, Apna Dal (S) 9, Congress 7 and the SBSP 4. Three independents also won. Between 2017 and 2022, 125 seats changed parties.

The 2024 Lok Sabha context

In the 2024 Lok Sabha election, Uttar Pradesh’s 80 seats were won as follows: Samajwadi Party 37, BJP 33, Congress 6, RLD 2, Azad Samaj Party (Kanshi Ram) 1 and Apna Dal (S) 1. Lok Sabha and assembly elections turn on different issues and alliances, so the two results should not be added together to reach a conclusion.

The structure of the House

The Uttar Pradesh legislative assembly has 403 seats. Of these, 84 are reserved for Scheduled Castes and 2 for Scheduled Tribes. The majority mark is 202. The state sends 80 members to the Lok Sabha and 31 to the Rajya Sabha. The legislative council is a separate House whose members come through different electorates and nomination.

Official 2022 figures for context

For context, the 2022 assembly election had 15,12,46,168 electors and 9,21,62,897 votes polled, with statewide turnout of 60.94 percent. The BJP won 255 seats on 41.29 percent and the Samajwadi Party 111 seats on 32.06 percent. Apna Dal (S) won 12, the RLD 8, the SBSP and NISHAD Party 6 each, Congress and the Jansatta Dal Loktantrik 2 each, and the BSP 1.

Also read:

• Budaun district assembly results 2022
• Mathura district assembly results 2022
• Ghazipur district assembly results 2022

Source: Election Commission of India. Figures are from official statistical reports.

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