Context: Actor-turned-politician Vijay’s swearing-in as Tamil Nadu Chief Minister has been delayed as Governor Rajendra Arlekar insisted on proof of majority before an invitation to form the government.
About Governor’s Role in a Hung Assembly:
What it is?
- A hung Assembly occurs when no single political party or pre-poll alliance secures an absolute majority of seats in the state legislature. In such situations, the Governor exercises constitutional discretion to appoint a Chief Minister who, in their judgment, is most likely to command the confidence of the House.
Constitutional Article:
- Article 164(1): The Constitution of India provides that the Chief Justice shall be appointed by the Governor. While the Governor is generally bound by the advice of the Council of Ministers, in a hung Assembly, this discretionary power becomes central to government formation.
Aim:
- The primary aim of the Governor’s role is to ensure the formation of a stable government that commands the widest possible support in the Legislative Assembly.
- The Governor’s task is purely administrative—to see that a government is formed—rather than political.
Governor’s Role & Order of Precedence:
Based on the norms established by the Sarkaria Commission (1983) and the Punchhi Commission (2007), the Governor should follow a specific order of precedence:
- Pre-poll Alliance: Invite the group of parties that contested the election together and command the largest number of seats.
- Single Largest Party: Invite the single largest party that can demonstrate it has gained the support of others to reach a majority.
- Post-election Coalition: Invite a post-poll alliance where all constituent parties agree to join the government.
- Outside Support: Invite a post-election alliance where some parties join the government and others (including Independents) provide support from the outside.
Key Procedures:
- Floor Test: The Commission norms emphasize that the issue of majority support must be tested on the floor of the House (Assembly) and not determined by the Governor privately.
- Timeframe: A newly appointed Chief Minister is typically required to seek a vote of confidence within 30 days of taking office.
Significance:
- Ensures the state does not remain without an executive head when the electoral mandate is fractured.
- Provides a mechanism to verify that the ruling coalition has a legitimate mandate through a formal floor test.
