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.