Governor's Role in Government Formation: Constitutional Conventions Under Scrutiny in Tamil Nadu

Indian Express - Opinion · 10 May 2026 · 2 min read
Prelims · Polity Mains · GS2 Polity and constitution High relevance

Tamil Nadu's hung assembly has reignited debates on the governor's constitutional role in government formation, with TVK's claim to form government being delayed despite being the single-largest party, challenging established parliamentary conventions.

Key points

Governor's Discretion: The governor's reported insistence that TVK must prove majority before invitation reverses the parliamentary sequence, undermining the assembly's role as the ultimate arbiter of confidence.

Sarkaria Commission: Recommended a sequenced approach for governors in hung assemblies, prioritizing pre-poll alliances, then the single-largest party with credible support, followed by post-poll coalitions.

Punchhi Commission: Affirmed Sarkaria's hierarchy and warned against governors applying personal political judgment, emphasizing constitutional conventions over subjective assessments.

SR Bommai Judgment: The Supreme Court's 1994 ruling established that confidence must be tested on the assembly floor, not through the governor's subjective satisfaction, reinforcing parliamentary democracy.

Rameshwar Prasad Case: The 2006 SC judgment held Bihar Governor's preemptive dissolution unconstitutional, stressing that democratic legitimacy cannot bypass the legislative forum.

[GS2-Polity] This connects to GS2's 'Functions and Responsibilities of the Union and the States' by highlighting the governor's limited discretionary powers in government formation.

[GS3-Governance] The delay in government formation risks administrative paralysis, affecting Tamil Nadu's economic growth and governance efficiency.

TVK's Position: As the single-largest party with 108 seats and Congress's support, TVK meets the Sarkaria Commission's second preference criterion for invitation.

Constitutional Conventions: The governor's role is to facilitate the assembly's decision-making, not to preemptively judge majority claims, as per established conventions and judicial precedents.

Way Forward: Governors should adhere strictly to Sarkaria and Punchhi Commission guidelines, ensure immediate floor tests for credible claimants, and avoid subjective interventions that delay democratic processes.

Key terms

Sarkaria Commission

A 1983 commission on Centre-State relations that outlined guidelines for governors in hung assemblies, prioritizing pre-poll alliances and single-largest parties with credible support. Its recommendations remain foundational for constitutional governance in India.

Punchhi Commission

A 2007 commission on Centre-State relations that reinforced Sarkaria's guidelines and emphasized constitutional conventions over governors' personal judgments. It provides the framework for resolving hung assembly scenarios.

SR Bommai Judgment

A landmark 1994 Supreme Court ruling that established the floor test as the only valid method to prove majority, prohibiting subjective assessments by governors. It safeguards parliamentary democracy against arbitrary dismissals.

Governor's Discretion

The limited constitutional power of governors to invite a leader to form government in hung assemblies, guided by established conventions and judicial precedents, not personal political judgments.