In what can possibly end the suspense over who will be the next chief minister of Tamil Nadu, Vijay-led Tamilaga Vettri Kazhagam (TVK) received the support of the two Left parties on Friday, bringing it closer to the magic number of 118 legislators required for a simple majority.
The Left parties, both part of the DMK-led alliance in Tamil Nadu, said that the decision was taken in order to prevent Bharatiya Janata Party’s “backdoor entry” into the state. The Communist parties announced that they will not be a part of the TVK cabinet.
The CPI and CPI (M), each having two seats, extended their support to the actor-politician-led party after day-long deliberations.
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The Governor can invite a party or coalition to form the government if they believe it commands the confidence of the House. However, the Governor cannot avoid convening the Assembly, and a confidence motion can be sought on the floor of the House, even by a party without a prior majority.
The Sarkaria Commission Report states that if a single party has an absolute majority, its leader should automatically be asked to become Chief Minister. If no single party has a majority, the Governor should select a Chief Minister from other parties or groups based on a specified order of preference.
The TVK has 108 seats in the 234-member Tamil Nadu Assembly. The majority mark required to form the government is 118 seats.
Yes, the Governor has asked Vijay, the leader of the TVK, to provide documents proving a majority in the Tamil Nadu Assembly before being sworn in as Chief Minister.
While a clear majority is typically required, there have been instances in other states where Governors invited parties to form governments without a confirmed majority. The ultimate test is proving confidence on the floor of the House.
Vijay-led Tamilaga Vettri Kazhagam, with 108 seats but 10 short of a majority, had earlier reached out to CPI, CPI (M) and the VCK – all DMK allies, seeking their support to form a government after winning its maiden Assembly election in Tamil Nadu, which was held on 23 April. All three have two MLAs each in the 234-member House. The TVK has already got the support of 5 Congress MLAs.
This means Vijay is all set to stake a claim for the next government after crossing the majority mark of 118 with the help of the Congress and other smaller parties.
Armed with their support, the TVK chief will soon meet acting Tamil Nadu Governor Rajendra Vishwanath Arlekar later in the day to reiterate his claim to form a government.
Before today’s scheduled meeting, Vijay met the acting Tamil Nadu Governor twice and staked a claim to form the government with the Congress party’s support. Yet the governor was not convinced and asked the actor-turned politician to bring documents proving a majority in the 234-member Tamil Nadu assembly.
Governor’s role in fractured verdict
While the Governor has sought proof of majority to form a government from Vijay, there have, however, been occasions when the Governor asked parties or coalitions to form governments without a majority.
In Maharashtra in 2019, for example, Governor Bhagat Singh Koshyari swore in Devendra Fadnavis and Ajit Pawar in an early morning ceremony without firm numbers. Before that, in 2018, Karnataka Governor Vajubhai Vala invited BS Yediyurappa to take oath without the veteran BJP leader having a clear majority in the House.
Experts said there was no question of the Governor first ascertaining whether a person has a majority inside the Raj Bhawan, now called Lok Bhawan, and then asking for that majority to be proved again on the floor of the House.
“The Governor cannot avoid convening the House. He can ask anyone whom he believes commands the confidence of the House to form the government. A motion of confidence can be sought, and even a person without a prior electoral majority can win the motion if the opposition present and voting does not decide to vote against the motion,” senior advocate Sanjay Hegde wrote on X.
Senior Supreme Court lawyer and Rajya Sabha MP Kapil Sibal also criticised the Tamil Nadu Governor for not inviting Vijay-led TVK to form the government, alleging that governors are “agents” of the BJP who “maul” the Constitution to serve that party’s interests. In a post on social media, Sibal said, “Tamil Nadu… Governors are agents of BJP. They maul the Constitution to serve BJP’s interests.”
“Call Vijay (leader of single largest party). Swear him in as CM,” the Independent Rajya Sabha MP and former Union Law Minister said.
“Let him prove his majority on the floor of the House. No post-poll alliance in majority. Sarkaria Commission. Settled law. But who listens!” Sibal said.
What is Sarkaria Commission report?
As per the Sarkaria Commission Report (1983), which discusses the role of the governor, if a single party has an absolute majority in the Assembly, the leader of that party should automatically be asked to become the Chief Minister.
However, if there is no such party, the governor should select a Chief Minister from among the following parties or groups of parties by sounding them, in turn, in the order of preference indicated below:
- An alliance of parties that was formed prior to the elections.
- The largest single party staking a claim to form the government with the support of others, including “independents.”
- A post-electoral coalition of parties, with all the partners in the coalition joining the government.
- A post-electoral alliance of parties, with some of the parties in the alliance forming a government and the remaining parties, including “independents”, supporting the government from outside.
The Governor cannot avoid convening the House.
The Sarkaria Commission report has been cited extensively in many Supreme Court judgments, according to legal news website Bar and Bench.
Many of the Sarkaria Commission’s recommendations regarding Article 356 have been endorsed. In SR Bommai v. Union of India (1994), the SC held that the Governor must invite the leader of the party commanding a majority in the House, or the single-largest party/group, to form the government.
