The Governor invited TVK leader C. Joseph Vijay to form the government after the party secured post-poll support crossing the majority mark in Tamil Nadu Assembly elections.
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Provisions Defining Governor’s Role
- Constitutional Provisions
- Article 164(1): Article 164(1) provides that the Chief Minister shall be appointed by the Governor and other ministers on the Chief Minister’s advice.
- Article 163: Article 163 empowers the Governor to exercise discretion in situations where the Constitution specifically permits independent judgment.
- Parliamentary Majority Principle: Constitutional governance requires the executive to enjoy majority support in the Legislative Assembly for continuing in office.
- Constitutional Conventions
- Majority-Based Invitation: Governors conventionally invite the leader most likely to command majority support in the Assembly to form the government.
- Preference in Hung Assembly: Established convention prioritises pre-poll alliances over post-poll arrangements during government formation.
- Floor Test Convention: Constitutional convention favours proving majority through a floor test rather than subjective gubernatorial assessment.
- Judicial Precedents
- S.R. Bommai Case (1994): The Supreme Court held that majority support of a government must be tested only on the floor of the House.
- Rameshwar Prasad Case (2006): The Court reiterated that constitutional legitimacy of a government depends upon legislative majority proved in the Assembly.
- Judicial Review Principle: Supreme Court judgments established that discretionary powers of Governors are subject to judicial review if exercised mala fide.
Concerns Regarding Governor’s Role
- Partisan Functioning: Critics argue that Governors sometimes act in favour of the ruling party at the Union level instead of remaining impartial.
- Inconsistent Standards: Different standards were applied in Karnataka (2018) and Goa-Manipur (2017) regarding invitation to form governments.
- Delay in Floor Tests: Delayed floor tests can encourage defections, political instability and unconstitutional manipulation of legislative majority.
- Undermining Federalism: Perceived misuse of gubernatorial discretion weakens cooperative federalism and strains Union-State relations.
Committee Recommendations on Governor’s Role
- Sarkaria Commission (1987)
- Order of Preference: The Commission recommended inviting a pre-poll alliance commanding majority before considering post-poll coalitions.
- Neutral Conduct: Governors were advised to function as politically neutral constitutional heads rather than agents of the Union government.
- Floor Test Requirement: The Commission recommended early floor tests whenever majority support of a government remains uncertain.
- Punchhi Commission (2010)
- Time-Bound Floor Test: The Commission recommended mandatory floor tests within a short time to prevent political manipulation and horse-trading.
- Limited Discretion: Governors were advised to minimise subjective discretion while appointing Chief Ministers in hung Assemblies.
- Constitutional Morality: The Commission stressed that Governors must act according to constitutional morality and democratic principles.
- Justice Kurian Joseph Committee (2025)
- Codification Proposal: The Committee recommended adding a constitutional schedule codifying rules governing gubernatorial discretionary powers.
- Clarity in Discretion: The Committee favoured clearly defining circumstances under which Governors may exercise discretionary authority.
About Governor
The Governor is the constitutional head of a State and acts as the nominal executive authority under the parliamentary system of governance.
Constitutional Provisions
- Constitutional Basis: Articles 153 to 167 of the Constitution deal with the office, powers and functions of the Governor.
- Appointment: The Governor is appointed by the President under Article 155.
- Eligibility Criteria: A person must be an Indian citizen and at least 35 years of age to become a Governor under Article 157.
- Tenure: The Governor holds office for a term of five years under Article 156, subject to the pleasure of the President.
- Position: The Governor functions as the constitutional link between the Union and the State governments.
Key Roles and Functions
- Executive Functions: The Governor appoints the Chief Minister and other ministers and administers the State executive.
- Legislative Functions: The Governor summons, prorogues and dissolves the State Legislature and can reserve Bills for Presidential consideration.
- Discretionary Functions: The Governor exercises discretion in situations such as hung Assemblies, recommendation of President’s Rule and reservation of Bills.
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Conclusion
Transparent conventions, codified guidelines and timely floor tests are essential to preserve constitutional morality and democratic legitimacy in government formation.
11 May 2026
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