Misuse of Governor’s Powers in Tamil Nadu: Constitutional Morality, Floor Test & Federalism

11 May 2026

The editorial discussed the controversy surrounding the Governor’s conduct after the 2026 Tamil Nadu Assembly elections, where no party secured a clear majority, raising concerns about constitutional morality, neutrality of Governors, and federalism.

Tamil Nadu Election Scenario

Total seats: 234

Results:

TVK (Vijay’s party): 108 seats
DMK: 59 seats
AIADMK: 47 seats

Majority Mark: 118 seats

No party secured an absolute majority.

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Constitutional Provision

Article 164: The Governor appoints the Chief Minister. Conventionally, The leader of the single largest party is invited first to form the government.

Allegation Against the Governor

The Governor reportedly:

Refused to invite the single largest party leader immediately
Asked for support letters proving majority beforehand
Gave only 72 hours to prove majority

This was criticised as arbitrary and politically biased.

Established Order of Preference: Different commissions such as- Sarkaria Commission,Punchhi Commission and Venkatachaliah Commission have suggested the following order:

Pre-poll Alliance: First preference should go to alliances formed before elections.
Single Largest Party: If no alliance exists, the single largest party should be invited.
Post-poll Alliance: Post-election coalitions should get third preference.

Why Was the Governor’s Action Criticised?

Majority Must Be Tested on the Floor: The Governor should not determine majority in Raj Bhavan. Majority must be tested In the Legislative Assembly, through a floor test
Violation of Constitutional Convention: The single largest party was not immediately invited.
Scope for Horse Trading Short deadlines encourage:
- Defections
- Resort politics
- Political instability

Legal and Ethical Implications

Article 164(2): The Council of Ministers is responsible to the Legislative Assembly, not the Governor.
Floor Test Supremacy: The SR Bommai case and Rameshwar Prasad case (2006) established that a majority must only be tested on the floor of the House.
Short Deadlines: Giving only 72 hours to prove a majority encourages “resort politics” and the bypassing of the 10th Schedule (Anti-defection law)

Historical Precedents: Double Standards in Action

GOA 2017:Congress (17 seats) was the largest party. BJP had only 13 seats.
- Governor Mridula Sinha invited BJP — bypassing the largest party entirely.
MANIPUR 2017: Congress had 28 seats, BJP 21. Total 60 seats.
- The Governor gave BJP preference over the larger Congress party.
KARNATAKA 2018: BJP was largest (104), but Congress-JDS had 115 combined.
Governor Vajubhai Vala invited BJP and gave 15 days for floor test.
The Supreme Court cut it to 1 day (overnight hearing).

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Minority Government — A Legitimate Constitutional Concept

Article 164(2): Council of Ministers is collectively responsible to the Legislative Assembly. A government falls only if it loses a No-Confidence Motion — not at the Governor’s doorstep.

Indian Examples of Minority Governments

Atal Bihari Vajpayee (1996): Made PM by President Shankar Dayal Sharma. Resigned after 13 days — no floor test denial.
P.V. Narasimha Rao (1993):Minority government. Survived No-Confidence Motion by just 1 vote.
Manmohan Singh UPA-1 (2004): Minority coalition with outside support. Completed 5-year term.

Key Constitutional Concepts

Constitutional Morality: Adherence to the spirit and values of the Constitution rather than mere political convenience.
Cooperative Federalism: A system in which the Centre and States work together in coordination and mutual respect.
Floor Test: A legislative procedure used to determine whether a government enjoys majority support in the House.
Anti-Defection Law: Legal provisions under the Tenth Schedule aimed at preventing political defections by legislators.
Neutrality of Constitutional Offices: Constitutional authorities must function impartially without political bias.

Way Forward

Governors Must Follow Established Conventions – Governors should act according to constitutional conventions and established commission recommendations while inviting parties to form government.
Floor Test Should Be Supreme – Majority should be determined only through a floor test in the Legislative Assembly.
Time Limit Must Be Reasonable – Adequate time should be provided for proving majority to avoid political instability and horse-trading.
Political Neutrality Must Be Ensured – Governors and constitutional authorities must function impartially without favouring any political party.

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Conclusion

The Governor is expected to act as a neutral constitutional authority, not as an agent of the ruling party at the Centre. Arbitrary exercise of discretion undermines federalism, democratic ethics, and constitutional governance.

Mains Practice:

Q. The discretionary power of the Governor in forming a government in a Hung Assembly often leads to accusations of partisanship. Critically examine the relevant constitutional provisions and Supreme Court judgments in this context. (10 Marks, 150 Words)

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