Why TN Guv’s Delay Over Vijay Is Triggering Constitutional Debate

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Can a Governor Delay Inviting the Single Largest Party? Constitutional Debate Grows Over Tamil Nadu Government Formation

By TRH Political Desk

New Delhi, May 7, 2026 — The delay by Governor Rajendra Arlekar in inviting Vijay, leader of the single largest party in the Tamil Nadu Assembly, to form the government has triggered intense constitutional debate, with critics accusing Raj Bhavan of overreach and political hesitation.

But constitutional analysts argue the issue is more complex than a simple refusal to follow convention.

In a detailed thread on X, analyst K. Venkataramanan argued that while constitutional convention does favour inviting the single largest party in the absence of a clear majority or pre-poll alliance, Governors are not required to act “in haste” without satisfying themselves that the claimant can command legislative support.

“There’s no doubt that in the absence of a pre-poll alliance with the requisite majority, the Governor has to invite the single largest party,” Venkataramanan wrote. “However, this convention need not be used to install a government in haste.”

The controversy comes amid a fractured mandate in Tamil Nadu, where no single formation has secured a majority, forcing the Governor to decide how constitutional discretion should be exercised in a hung Assembly.

Constitutional Silence, Conventions and Judicial Warnings

The Indian Constitution does not explicitly lay down the procedure Governors must follow in government formation after a hung verdict. Instead, constitutional practice has evolved through conventions, commission recommendations and Supreme Court rulings.

Venkataramanan pointed to the recommendations of the Sarkaria Commission, which laid down an order of preference for inviting claimants to form government: a majority pre-poll alliance, the single largest party with outside support, a post-poll coalition where all partners join government, and finally coalitions with outside support.

At the heart of the debate lies one principle: the Governor must be satisfied that the person invited to become Chief Minister is capable of commanding a majority on the floor of the House.

Critics of the Governor argue that this satisfaction should ultimately be tested only through a floor test, not through prior political calculations. But Venkataramanan contends that recent political controversies have made Governors wary of appearing to facilitate defections or “horse-trading.”

Shadow of Karnataka and Maharashtra

The analyst cited two major precedents that continue to shape gubernatorial caution.

The first was the 2019 Maharashtra episode involving Devendra Fadnavis and Ajit Pawar, who were sworn in during an early morning ceremony after claims of majority support. The government collapsed within days after Ajit Pawar failed to bring enough legislators with him.

The second was the 2018 Karnataka crisis involving B. S. Yediyurappa. Then Governor Vajubhai Vala invited the BJP leader to form government and granted 15 days for a floor test, despite the Congress and JD(S) moving quickly towards a coalition.

The matter reached the Supreme Court, which ordered an immediate floor test. Yediyurappa resigned before the vote could take place.

“The Supreme Court didn’t approve of the Governor giving such a long time,” Venkataramanan argued, adding that such precedents explain why Governors today may seek documentary proof of support before swearing in a claimant.

Bommai Judgment and a Common Misreading

A major part of the present debate revolves around the interpretation of the landmark S. R. Bommai v. Union of India judgment.

Many political actors cite the Bommai ruling to argue that majority can only be tested on the Assembly floor. But Venkataramanan said this is often misunderstood.

According to him, the judgment rejected the practice of “parading” legislators before Governors as proof of majority. It did not prohibit Governors from seeking letters of support or preliminary evidence showing that a claimant has a realistic chance of crossing the majority mark.

“The importance given to the floor test in Bommai was in contradistinction to the parading of MLAs before the Governor,” he wrote. “It does not mean that the Governor cannot ask for enough letters of support to cross the majority mark.”

Between Horse-Trading and Constitutional Duty

The core constitutional tension, analysts say, is balancing two competing concerns.

On one hand, the Governor cannot indefinitely delay government formation or recommend President’s Rule merely because coalition negotiations are underway. That principle was reinforced in the Rameshwar Prasad v. Union of India case involving the dissolution of the Bihar Assembly in 2005.

On the other hand, Governors are also expected not to create conditions that appear to encourage defections or opportunistic alliances by prematurely swearing in a minority claimant.

Venkataramanan argued that both propositions can simultaneously be true: the Governor must facilitate government formation but must also avoid appearing to confer unfair advantage on one political formation.

His conclusion was nuanced rather than absolute.

“Appointing Vijay and giving him an opportunity to prove majority on the floor of the House is the correct constitutional course,” he wrote. “Waiting for further letters of support for prima facie satisfaction about the existence of a majority is equally valid.”

As Tamil Nadu’s post-election uncertainty continues, the episode has once again revived larger questions about gubernatorial discretion, coalition politics and the fragile constitutional conventions governing hung Assemblies in India.