CHENNAI: Former advocate general K Subramanian said since TVK president Vijay is proposing a post-poll alliance to muster a majority to form the government, the parties that support him should elect him as their leader before staking claim to form the government, as per the convention followed by Presidents and governors in the past.
On the current political developments, Subramanian told the TNIE, “It appears the TVK president is claiming support for a majority on the basis of the letter given by the Congress. In case there is a post-poll alliance, the governor will be within his rights to insist upon the letters from the remaining MLAs.”
The former AG also recalled when PM Narendra Modi was elected this time, the MPs of BJP, TDP, JDU, and others convened a meeting and elected Modi as their leader, and then the letter for staking claim to form the government was submitted to the President.
When asked about the delay on the part of the Governor in extending the invitation for forming the next government, Subramanian said, “Is there a delay on the part of the Governor? According to newspaper reports, the TVK president mentioned in his letter that he enjoys the support of 108 MLAs from his party, as well as five MLAs from the Congress.
In that case, there is nothing wrong with the Governor seeking proof from the rest of the MLAs supporting the TVK.” According to recent Supreme Court rulings, the party claiming to form the government should not be given a long time, such as two weeks, as that would lead to horse-trading.
To swear in a leader as chief minister and give him two or three weeks’ time to use his power and allow him to collect a majority would amount to misuse of power, the former AG said. Meanwhile, when contacted, senior journalist K Venkataramanan said,
“Even though the governor has the discretion to ascertain whether a particular claimant commands a majority, it should not be taken to the point that the single largest party is ignored. In the absence of any other claimant, the governor could have first given the single largest party an opportunity to enable the House to decide whether the party has the required majority.”
Venkataramanan also underscored that swearing in a claimant before a demonstrable majority is formed may be seen as conferring an advantage on one party and enabling smaller parties and independents to join the government for extraneous considerations.
“The midnight swearing-in of Devendra Fadnavis and Ajit Pawar in 2019 is a case in point. The governor was criticised for failing to ascertain if they had enough support. Ultimately, Fadnavis resigned as Ajit Pawar couldn’t bring the required numbers from his own party,” he pointed out.