After the strong performance of NDA in Bihar Assembly elections, the political atmosphere of Patna has suddenly become very active. As soon as the path for the new government was cleared, Nitish Kumar immediately called an important meeting with his current team. This meeting is being considered as the last cabinet meeting of his current tenure, in which a big step was taken and the proposal to dissolve the current assembly was passed. With this, the formal way for the formation of the next government has also been completely prepared. But what if the Governor resigns before taking oath? Then how will the new government be formed?

Government formation does not stop

The Indian Constitution lays down a clear path even for such unusual circumstances. The process of government formation in the state is definitely related to the Governor, but it does not depend on one person. Even if the Governor resigns before taking oath for any reason, becomes unwell or is unable to perform his duties, the formation of the government does not stop.

Who administers the oath after the resignation of the Governor?

First of all understand that the resignation of the Governor is sent to the President of India. As soon as the Governor resigns, he is considered relieved from his post. In such a situation, the functioning of the state never stops when the post becomes vacant. This responsibility is automatically handed over to the Lieutenant Governor of the state (if appointed) or the Governor of any other nearby state by giving additional charge.

This practice is called additional charge, that is, the President immediately decides who will handle the job of Governor in the new state. As soon as the Governor with additional charge is appointed, he can immediately get the oath taking process completed.

Could this cause a delay in taking the oath of the Chief Minister?

The answer is, no. As soon as the new or in-charge Governor arrives, the first thing he does is what is necessary, like administering the oath to the majority leader. The process of forming the government is not allowed to stop. Even if for some reason there is a delay of a few hours, the Constitution still considers it normal. The only main condition is that the oath should be taken only in front of a legitimate constitutional officer. The government cannot run without a Chief Minister, hence this is the first priority of the Governor who takes charge.

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