Legal experts appear to be divided on the issue of constitutional propriety of Maharashtra Governor B K Koshyari's decision to recommend President's rule in the state.
Following Koshyari's report to the Centre and the Union cabinet's recommendation, President's rule was imposed in the state on Tuesday amid the impasse over government formation since the last month's elections.
Constitutional expert Ulhas Bapat termed the decision as potentially unconstitutional.
"This President's rule can be interpreted as unconstitutional because Maharashtra governor has given the BJP two days (to indicate willingness to form government), but he gave only 24 hours to the other two parties. It looks like a biased approach," he said.
Senior lawyer Shrihari Aney, former advocate general of Maharashtra, however, said the Governor must have recommended President's rule after being "reasonably satisfied" that none of the parties could form a stable government.
Aney pointed out that all the political parties had the time to cobble together the numbers to prove majority and stake claim to form government since October 24, when the election results were announced.
"It would be ridiculous to say that the parties were not serious about forming the government till the governor called upon them to do so," Aney told PTI.