Maharashtra Govt Formation: Deadline for CM to Take Oath After Election Results

Suspense over the new Chief Minister of Maharashtra continues following the declaration of the Maharashtra Assembly election results. While the swearing-in ceremony is expected in the first week of December, the name of the new chief minister remains undisclosed. Leaders of the Grand Alliance have been holding frequent meetings to finalize their choice for the top post after their electoral victory.

The question of who will be the Chief Minister of Maharashtra reportedly remained unresolved during a meeting held at Home Minister Amit Shah's residence in Delhi last night. With suspense still surrounding the chief minister's name, attention now turns to how many days after the election results the swearing-in ceremony will take place. If the decision is further delayed, the focus shifts to what actions the governor might take next. 

No Fixed Timeframe for New Chief Minister’s Oath
Supreme Court advocate Ashish Pandey explains that the Constitution of India does not specify a clear timeline for the swearing-in of a new chief minister after election results are declared. Typically, the process of announcing the chief minister’s name and completing the oath-taking ceremony occurs within 1 to 7 days following the results of state assembly elections.

Governor’s Role in Government Formation
If no party claims to form the government, the governor typically invites the party with the highest number of elected candidates to stake a claim. If this party is unable to form the government, the governor may then approach the second-largest party. In the event of prolonged delays in government formation, the governor has the authority to recommend the imposition of President's Rule in the state.

President's Rule: Key Provisions and Current Status
As per Article 356 of the Indian Constitution, President's Rule can be imposed if the Governor reports that the state government cannot function as per constitutional provisions. Initially valid for six months, it can be extended up to a maximum of three years if necessary. However, this situation does not apply to Maharashtra, as reports suggest that the name of the new chief minister is likely to be announced within the next two days.