GOVERNOR’S ROLE IN GOVERNMENT FORMATION

GOVERNOR’S ROLE IN GOVERNMENT FORMATION

Why in the News?

• Tamil Nadu witnessed a hung Assembly after the recent elections, where Tamilaga Vettri Kazhagam emerged as the single largest party with 108 seats.
• After securing support from smaller parties, TVK chief C. Joseph Vijay was invited by Governor Rajendra Arlekar to form the government.
• The development has revived debate over the Governor’s discretionary powers in government formation.

Constitutional provisions and commissions

• Article 164(1): It states that the Chief Minister is appointed by the Governor, while other ministers are appointed on the CM’s advice.
• Clear majority situation: If a single party wins a majority, the Governor normally invites the elected leader of that party to form the government.
• Hung Assembly scenario: When no party gets a majority, the Governor exercises discretionary powers in selecting the Chief Minister.
• Sarkaria Commission (1987): Recommended an order of preference for government formation in hung Assemblies.
• Punchhi Commission (2010): Reiterated similar guidelines to ensure stable governments and impartial gubernatorial conduct.

Issues and judicial observations

• Concerns over neutrality: Governors have often been accused of acting in favour of the ruling party at the Centre rather than functioning as impartial constitutional heads.
• Contrasting precedents: In Goa and Manipur (2017), post-poll alliances were invited despite another party being the single largest.
• Karnataka example: In 2018, the Governor invited the single largest party instead of the post-poll coalition claiming majority support.
• R. Bommai case (1994): The Supreme Court held that the floor of the House is the only valid method to test majority support.
• Way forward: The Justice Kurian Joseph Committee recommended codifying rules regarding Governors’ discretionary powers through a constitutional schedule to reduce ambiguity and misuse.