Former Home Secretary Sanjeev Gupta says constitutional conventions, Supreme Court rulings, and Sarkaria Commission guidelines support inviting Vijay to form the government as Tamil Nadu’s political deadlock deepens.
By TRH Political Desk
New Delhi, May 8, 2026 — As Tamil Nadu remains locked in a high-stakes post-election deadlock, former Union Home Secretary Sanjeev Gupta has strongly backed Vijay’s constitutional right to be invited to form the government as leader of the single largest party.
The political crisis erupted after the Assembly election produced a fractured mandate, with Vijay’s Tamilaga Vettri Kazhagam emerging as the single largest party but falling short of the 118-seat majority mark. Intense negotiations are underway with the Left parties and the Viduthalai Chiruthaigal Katchi, while speculation continues over a possible understanding between the rival Dravida Munnetra Kazhagam and All India Anna Dravida Munnetra Kazhagam to keep Vijay out of power.
In a detailed post on X, Gupta said Vijay’s claim was “squarely covered” by the recommendations of the Sarkaria Commission and several Supreme Court judgments cited by senior lawyers including Mukul Rohatgi, Abhishek Manu Singhvi, and Kapil Sibal.
Gupta argued that Article 164 of the Constitution does not require a leader staking claim to government formation to immediately demonstrate support beyond the majority mark before being invited by the Governor.
He further stressed that the effective majority in a confidence vote depends on “those present and voting,” meaning abstentions can alter the required number. “The determination of majority has to be done on the floor of the House and surely not in the drawing room of Raj Bhavan,” Gupta wrote.
The former bureaucrat also criticised Governor Rajendra Arlekar for delaying a decision despite Vijay being the “only claimant” to form the government.
Gupta recalled that both the Sarkaria and Punchhi Commission had recommended codifying objective rules for government formation in hung assemblies, proposals that were never fully incorporated into the Constitution despite support from several states, including Tamil Nadu under both DMK and AIADMK governments.
The next few days are expected to be crucial as Tamil Nadu’s political future hangs on coalition negotiations, constitutional interpretation, and the Governor’s next move.
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