Questions Over Role of Governor and Primacy of Floor Test

Questions Over Role of Governor and Primacy of Floor Test
  • Context:

  • Following a fractured mandate in the 2026 Tamil Nadu Assembly elections, where the Tamilaga Vettri Kazhagam (TVK) emerged as the single largest party with 108 seats in the 234-member Assembly, debates have erupted over gubernatorial discretion.

  • Constitutional Position and the Governor's Duty:

  • Article 164:

  • It empowers the Governor to appoint the Chief Minister of a State.

  • However, the Constitution does not explicitly outline the procedure to navigate a hung Assembly.

  • The Governor's primary constitutional responsibility is to ensure the formation of a stable popular government, thereby averting a complete breakdown of constitutional machinery that would necessitate President's Rule under Article 356.

  • The Sarkaria Commission and Supreme Court rulings provide a hierarchy for invitations in a hung Assembly.

  • First, a pre-poll alliance with majority support

  • Second, the single largest party claiming support

  • Third, a post-poll coalition capable of demonstrating numbers.

  • The Supremacy of the Floor Test:

  • The S.R. Bommai Precedent:

  • The Supreme Court has consistently ruled that a Governor cannot rely on subjective assessments to determine a majority.

  • The landmark S.R. Bommai vs Union of India judgment firmly established that the only legitimate constitutional forum to test majority support is the floor of the Legislative Assembly.

  • Checking Misuse of Power:

  • While a Governor may assess if a stable government is realistically possible, constitutional conventions warn against indefinite delays.

  • Prolonged waiting periods can encourage defections and unethical political practices, compromising the expected neutrality of the Raj Bhavan.

  • Legal experts and political leaders argue that delaying the swearing-in contradicts democratic norms, reiterating that a majority must be proven via a floor test rather than inside the Governor's office.