Governor's Role in Tamil Nadu Government Formation: Constitutional Morality Tested

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

Tamil Nadu Governor's delay in inviting the single largest party (TVK) to form government raises questions about constitutional conventions and democratic norms, highlighting the delicate balance between gubernatorial discretion and constitutional morality.

Key points

Constitutional Morality: The Governor's actions contradict B R Ambedkar's vision of the Governor as a representative of the people, not any political party, as reiterated by the Supreme Court in Nabam Rebia (2016).

Article 164: The Constitution mandates that the Chief Minister shall be appointed by the Governor, with the ministry collectively responsible to the Legislative Assembly, not the Governor, emphasizing legislative supremacy.

Precedent: Historical instances like Atal Bihari Vajpayee's 1996 government formation show that the leader of the single largest party is conventionally invited to form government and prove majority on the floor of the House.

Justice Punchhi Report: The 2010 report clearly stated that the Governor's discretion under Article 164 is very limited, reinforcing the need for adherence to constitutional conventions.

Supreme Court Rulings: In Raghukul Tilak (1979) and Rameshwar Prasad (2006), the SC emphasized that gubernatorial discretion must be reasonable, in good faith, and not arbitrary or partisan.

[GS2-Polity] This connects to GS Paper 2's 'Functions and Responsibilities of the Union and the States' by illustrating the tension between constitutional provisions and political practice in government formation.

Democratic Mandate: TVK's 108 seats in a 234-member assembly represent the clear will of the people, making the Governor's delay a subversion of democratic principles.

Post-Poll Alliances: The Governor's inaction has spurred unethical discussions between defeated parties (DMK and AIADMK), undermining the electorate's verdict and constitutional morality.

Way Forward: Governors must adhere strictly to constitutional conventions, invite the single largest party promptly, and ensure majority is tested only on the floor of the House. Constitutional amendments should explicitly define gubernatorial powers in hung assemblies to prevent misuse.

Key terms

Single Largest Party Convention

A constitutional convention where the Governor invites the party with the most seats to form government in hung assemblies, ensuring democratic legitimacy. Upheld by SC in S R Bommai (1994) as essential for floor test integrity.

Constitutional Morality

The principle that constitutional functionaries must act in accordance with the spirit of the Constitution, not just its text. It ensures democratic governance and prevents arbitrary use of power, as emphasized in cases like Nabam Rebia and Kesavananda Bharati.

Article 164

Governs the appointment of Chief Ministers and state ministries. It mandates collective responsibility of the ministry to the Legislative Assembly, limiting the Governor's role to ceremonial appointment based on legislative majority.

Justice Punchhi Report

A 2010 commission report on Centre-State relations that recommended limiting gubernatorial discretion, ensuring they act as per constitutional norms rather than political whims, particularly in government formation.