SABAR said the deletion of Article 6(7) has resulted in a situation where the TYT’s power to appoint a Chief Minister will now solely rest on the provisions outlined in Article 6(3).
“Article 6(3), when read in conjunction with Article 10(2), confers discretionary functions upon the TYT in the appointment of a Chief Minister. In the absence of Article 6(7), the TYT’s discretionary power pursuant to Article 6(3) is arguably wide and unfettered, enabling the appointment of a Chief Minister from the pool of elected members within the Assembly.
“The TYT exercises his personal judgment to determine the elected member who is most likely to secure the confidence of the majority of Assembly members.