Raj Bhavan vs. Floor Test: Legal experts split over Governor’s refusal to invite TVK

As the single largest party faces a double rejection from the Governor, Vijay pivots to offering cabinet berths to prospective allies to meet the magic number of 118.
TVK Vijay
While Vijay seeks support from allies to cross majority mark, legal experts remain divided on Governor’s discretion in inviting the party to form government.PTI photo
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The political landscape in Tamil Nadu has plunged into a state of high-stakes uncertainty as Governor Rajendra Vishwanath Arlekar on Thursday rejected Tamilaga Vettri Kazhagam (TVK) chief Vijay’s claim to form the government. Despite emerging as the single largest party in the April 23 Assembly elections with 108 seats, the Governor maintained during a 24-hour window of two meetings that the fledgling party has yet to establish the requisite majority of 118 in the 234-member House.

The decision has triggered a wave of political maneuvering and sharp rhetoric, with the TVK now frantically reaching out to the Left parties, the VCK, and the IUML to bridge the gap. While the Congress has already pledged the support of its five MLAs to Vijay, the current tally of 113 remains five short of the magic number. In a move to entice potential partners, party sources indicate that Vijay is now open to accommodating allies in his cabinet, a significant shift for the new party.

The delay has sparked a fierce debate among constitutional experts. According to reports by PTI, legal minds are split on whether the Governor is overstepping his bounds or exercising necessary caution.

Rakesh Dwivedi, constitutional law expert and senior advocate, told PTI that the Governor is well within his rights. "The governor is entitled to enquire and require TVK to prima facie satisfy him about majority support... The government should be stable," Dwivedi noted, warning that failing to do so could lead to a stalemate or even President’s rule. Similarly, senior advocate Amit Anand Tiwari argued that the Governor is not mechanically required to invite a party just because it is the largest, emphasizing that "this satisfaction lies with the governor and this discretion cannot be questioned" unless it is proven the party has the numbers.

Conversely, Vikas Singh, senior advocate and President of the Supreme Court Bar Association, described the refusal to invite Vijay as "highly inappropriate." Speaking to PTI, Singh argued that since no other coalition has a majority, the Governor must give the largest party the opportunity. Senior advocate Ajit Sinha echoed this sentiment, stating that the fate of the government should be decided on the floor of the House within a 10-to-15-day period, not behind the closed doors of the Raj Bhavan.

Vikas Pahwa, another senior advocate, provided a nuanced view to PTI, noting that while the Governor possesses "limited constitutional discretion," any prolonged delay or selective approach could invite judicial scrutiny. He emphasized that the Supreme Court has repeatedly held that questions of majority must be tested through a floor test.

The political fallout has been immediate. The TVK held a crucial meeting of its MLAs-designate at Panaiyur, where members expressed dismay at the delay. Outside the Lok Bhavan, party cadres staged protests demanding that the mandate be respected.

The Congress and VCK have launched a blistering attack on the Governor and the BJP-led Centre. TNCC announced state-wide protests for Friday, asserting in a statement that "Governments are not decided on the lawns of Lok Bhavan; they are decided on the floor of the House." VCK chief Thol Thirumavalavan accused the BJP of creating "confusion" and argued that the Governor should not demand a list of supporting MLAs in advance.

On the other side, BJP spokesperson Narayanan Tirupathy defended the Governor’s actions to PTI Videos, stating that Raj Bhavan is sticking strictly to the "rule book" and the Constitution. Tirupathy noted that since the electorate delivered a fractured mandate, the Governor’s responsibility is to verify sufficient support before commissioning a government.

As the state waits, the ball is in the court of the CPI(M), CPI, and VCK. CPI(M) State Secretary P. Shanmugam and CPI’s Veerapandian have indicated that a final decision on extending support will be taken by Friday. Meanwhile, the DMK remains watchful, with outgoing Chief Minister M.K. Stalin reportedly urging his allies to stay within the Secular Progressive Alliance.

With the AIADMK moving its MLAs to a resort in Puducherry and the TVK considering legal recourse, Tamil Nadu remains on the edge of a constitutional precipice. The coming 48 hours will determine whether the actor-turned-politician can secure his first government or if the state is headed for a prolonged period of political instability.

(With inputs from PTI)

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