The political situation in Tamil Nadu following the 2026 Assembly elections has ignited one of the most consequential constitutional debates in recent Indian political history. The Tamilaga Vettri Kazhagam (TVK), led by actor-politician C. Joseph Vijay, emerged as the single largest party in the 234-member Tamil Nadu Assembly with 108 seats, yet the Governor Rajendra Vishwanath Arlekar declined to immediately invite Vijay to form the government, insisting instead that he first demonstrate majority support before any swearing-in ceremony could take place. This episode has triggered a fierce debate about the proper role of Governors in hung Assembly situations, the constitutional precedents governing government formation, and whether the Governor’s discretion is being exercised in good constitutional faith or in a manner that reflects partisan political considerations.
The significance of this episode extends well beyond Tamil Nadu. India has witnessed a steady increase in coalition and fragmented electoral verdicts across states, making the question of how Governors must respond to hung Assemblies a matter of recurring constitutional importance. The Supreme Court’s landmark 1994 S.R. Bommai judgment laid down clear guidelines about gubernatorial discretion, floor tests, and the prevention of President’s Rule, yet these guidelines continue to be interpreted and misapplied in ways that raise serious concerns about the integrity of constitutional governance.
For UPSC aspirants, this issue sits at the crossroads of multiple critical examination themes: the powers and discretion of the Governor under Articles 153 to 167 of the Constitution, the doctrine of constitutional morality, the S.R. Bommai judgment and its implications, the role of the floor test as the ultimate arbiter of majority, and the delicate relationship between elected state governments and centrally appointed Governors. Few issues better illustrate the gap between constitutional text and constitutional practice in India’s federal polity.
Background and Context: The Constitutional Framework for Government Formation
Five Important Key Points
- The S.R. Bommai versus Union of India (1994) judgment by a nine-judge Constitution Bench established that the floor of the Assembly is the only constitutionally legitimate arena for testing a government’s majority, and that the Governor cannot substitute personal judgment for this test.
- The Sarkaria Commission Report (1988) on Centre-State relations explicitly recommended that the Governor should first invite the leader of the pre-poll alliance with the largest number of seats, then the single largest party, and only thereafter explore post-poll coalition possibilities.
- Article 164 of the Constitution provides that the Chief Minister shall be appointed by the Governor, but constitutional conventions require this appointment to follow democratic principles grounded in Assembly confidence rather than gubernatorial preference.
- The Rameshwar Prasad versus Union of India judgment cautioned that Governors have historically misused their office to serve the political interests of the party in power at the Centre, and the Supreme Court emphasised the need for a “cooling-off period” before active politicians are appointed as Governors.
- The TVK, with 108 seats and the support of five Congress MLAs-elect, effectively commands 112 votes in a 233-member effective House (after accounting for the legal requirement that Vijay vacate one of his two won seats), placing it just 5 seats short of majority in a hung Assembly where no party or alliance commands outright numbers.
Constitutional Provisions Governing the Governor’s Discretion
The Governor’s powers in government formation are governed primarily by Articles 163 and 164 of the Constitution. Article 163 provides that the Council of Ministers shall aid and advise the Governor in the exercise of his functions, except in those matters where the Governor is required to act in his discretion. Article 164 states that the Chief Minister shall be appointed by the Governor and other Ministers shall be appointed by the Governor on the advice of the Chief Minister.
Critically, the Constitution does not prescribe the precise procedure for government formation after a hung verdict. This space is filled by constitutional conventions, judicial pronouncements, and reports of expert bodies like the Sarkaria Commission and the Punchhi Commission on Centre-State Relations (2010). The Punchhi Commission reinforced the hierarchy of preference: first, a pre-poll alliance commanding the largest number; second, the single largest party claiming majority; and third, any post-poll arrangement that can demonstrate majority through a floor test.
The Governor’s insistence that Vijay must produce written letters of support from enough MLAs before being invited to form the government represents a procedural innovation that has been widely criticised as constitutionally inappropriate. The floor test, conducted through a vote of confidence on the floor of the Assembly before the elected House, is precisely the mechanism the Constitution provides for this purpose. Pre-empting this through a gubernatorial demand for written assurances imposes a burden not contemplated by the Constitution.
The S.R. Bommai Judgment and Its Enduring Relevance
The 1994 S.R. Bommai judgment remains the most authoritative judicial exposition of the constitutional limits on gubernatorial discretion in government formation. The nine-judge bench held that the majority of a government cannot be tested through the subjective assessment of the Governor but must be determined on the floor of the House. The court specifically held that recommending President’s Rule under Article 356 without affording an incumbent government an opportunity to prove its majority is unconstitutional.
Equally importantly, the Bommai judgment addressed the situation of a new government seeking to be formed after elections. It held that the Governor could invite either the single largest party or the single largest “group,” irrespective of whether that group was formed before or after the election. The court emphasised that the goal of the Governor must always be the formation of a stable government, and that exploring alternatives before concluding that constitutional machinery has failed is a duty, not a discretion.
The present situation in Tamil Nadu is particularly interesting because the DMK, the party of outgoing Chief Minister M.K. Stalin who himself lost his own seat in Kolathur, is reportedly exploring the unusual option of extending outside support to its arch-rival, the AIADMK, to form an alternative government. This manoeuvre, if it materialises, represents a post-poll reconfiguration of alliances that the Bommai judgment squarely legitimises, provided the ultimate test remains the floor of the Assembly.
The Question of Partisan Gubernatorial Action
The Rameshwar Prasad judgment made an observation that has acquired renewed relevance in the present context. The Supreme Court noted that Governors have, more often than not, used their powers to serve the political interests of the ruling party at the Centre. This concern is amplified when one examines the pattern of gubernatorial action in non-BJP ruled states over the past several years, where the office of the Governor has frequently become a site of political contestation between state governments and the Centre.
In the Tamil Nadu situation, criticism of the Governor’s stance has come not only from opposition parties and Vijay’s TVK but also from the CPI and CPI(M), which are traditional DMK allies. Both national Left party general secretaries, D. Raja and M.A. Baby, explicitly invoked the precedent of Atal Bihari Vajpayee’s 13-day government in 1996, where a government known to lack majority was still invited to form and present itself to the floor of Parliament, precisely because the floor test is the constitutionally mandated mechanism. The Governor’s insistence on prior written proof of majority, these leaders argued, effectively renders the floor test redundant.
The DMK’s Unusual Strategic Calculations
The decision of the DMK’s MLAs-elect meeting to empower party president M.K. Stalin to take an “emergency decision” — including the remarkable possibility of supporting an AIADMK-led government — reflects the complex calculations at play in a situation where no clear majority exists. The resolution adopted at the DMK meeting spoke of preventing “communal forces that could disturb Dravidian ideals from gaining a foothold,” a veiled reference to the BJP’s presence in the Assembly.
This strategic posture reveals an important dimension of constitutional practice: in democratic systems, post-election realignments are legitimate and indeed expected in hung verdicts. The Governor’s role in such situations is to facilitate, not obstruct, the process of majority formation. The Punchhi Commission’s guidance that the Governor must be an impartial constitutional functionary, not a political actor, becomes particularly pressing in such moments.
Economic and Governance Implications of Political Uncertainty
Extended political uncertainty after an election verdict imposes concrete governance costs. Tamil Nadu is among India’s most industrialised and economically significant states, contributing approximately 9 percent of the country’s industrial output and hosting major manufacturing corridors under the National Industrial Corridor Development Programme. Prolonged uncertainty over government formation affects investor confidence, slows administrative decision-making, and delays the implementation of welfare schemes on which millions of citizens depend.
The DMK government’s resolution emphasised that Tamil Nadu’s “growth trajectory could be sustained only if welfare schemes implemented over the past five years continued without interruption.” This is not merely political rhetoric but a recognition that state governments are the primary delivery mechanisms for schemes ranging from the Amma canteens to direct benefit transfers to the noon-meal scheme.
Way Forward
The immediate constitutional requirement is for the Governor to invite Vijay, as leader of the single largest party, to attempt to form a government and prove his majority on the floor of the Assembly within a reasonable, specified timeframe. This is not a political opinion but a constitutional obligation grounded in the S.R. Bommai judgment and the conventions endorsed by successive expert commissions on Centre-State relations.
At a systemic level, India requires a comprehensive review of the appointment process for Governors. The Punchhi Commission’s recommendation for a more consultative process involving the state government in gubernatorial appointments deserves legislative attention. Additionally, a statutory code of conduct for Governors, drawing on the conventions crystallised in judicial pronouncements, would reduce the scope for partisan misuse of the office.
Parliament should also consider codifying the hierarchy of preference for government formation in hung verdicts through appropriate legislation, reducing the discretionary space that Governors have repeatedly exploited. Several parliamentary democracies, including the United Kingdom and Canada, have published Cabinet Manuals specifying the precise procedures for government formation after inconclusive election results; India would benefit from a similar instrument.
Relevance for UPSC and SSC Examinations
This topic is directly relevant to UPSC GS-II under the themes of Indian Constitution, federalism, constitutional bodies, and Centre-State relations. Specific areas include the powers and functions of the Governor (Articles 153-167), the S.R. Bommai judgment, the floor test as a constitutional mechanism, and the recommendations of the Sarkaria and Punchhi Commissions. For Essay paper, it relates to constitutional morality and democratic values.
For SSC examinations, this covers Indian Polity sections on constitutional bodies, the role of Governors, and landmark Supreme Court cases.
Key terms aspirants must remember: Article 163, Article 164, Article 356, S.R. Bommai versus Union of India (1994), Rameshwar Prasad versus Union of India, Sarkaria Commission (1988), Punchhi Commission (2010), constitutional conventions, floor test, doctrine of constitutional morality.