Tamil Nadu Governor asks Vijay to show support of 118 MLAs: Political vendetta or legal obligation? Check what Constitution says

The critics are of the view that the Tamil Nadu Governor should avoid conducting a ‘mini-floor test’ in Raj Bhawan. They say that even the Supreme Court has spoken against this practice as it can lead to political horse-trading.

Vijay Swearing-in Delay: Tamil Nadu is witnessing a political and constitutional controversy. Tamil Nadu Governor Rajendra Vishwanath Arlekar's reported decision to demand a verified list of 118 MLAs before inviting actor-politician Vijay to form the government has sparked criticism from the non-NDA parties. Amid the debate, actor-turned-politician Vijay’s TVK is trying to secure a majority with the help of the Congress, Left, and the IUML. Vijay has got moral support from like-minded parties. The critics are of the view that the Governor should avoid conducting a ‘mini-floor test’ in Raj Bhawan. They say that even the Supreme Court has spoken against this practice as it can lead to political horse-trading.

'Undemocratic', says DK Shivakumar

Karnataka Deputy Chief Minister and state Congress President D.K. Shivakumar on Thursday slammed the Governor’s stance, labelling it an affront to democratic norms. Speaking to the press at Vidhana Soudha, Shivakumar insisted that the Governor lacks the authority to block a party from staking a claim if they are positioned to seek a mandate.

"The Governor of Tamil Nadu has no authority whatsoever to prevent Vijay from forming the government and proving his majority. This conduct is not right," Shivakumar stated.

Also Read: What happens if all 107 newly elected MLAs of Vijay's TVK resign? Will there be re-elections?

To justify his criticism of the Governor, Shivakumar drew historical parallels. Shivakumar noted that both Presidents and Governors have traditionally allowed the single largest party to prove their strength on the floor of the House. He cited the examples of B.S. Yediyurappa in Karnataka, as well as the approaches taken by former Presidents K.R. Narayanan and A.P. J. Abdul Kalam during hung Parliaments.

TVK’s Race to 118: The Numbers Game

The Tamilaga Vettri Kazhagam (TVK), led by C. Joseph Vijay, secured 108 seats in the 234-member Assembly. While it is the single largest party, it remains 10 seats short of the "magic number" of 118. With the Congress’s 5 seats, the alliance currently sits at 112 (excluding Vijay's own seat). To bridge the six-seat deficit, TVK has launched a high-stakes diplomatic offensive:

TVK General Secretary CTR Nirmal Kumar held meetings with Left party leadership on Wednesday. Representatives Arunraj and Mustafa reached out to Indian Union Muslim League (IUML) National President Kader Mohideen. The combined six seats held by the Left and IUML are now the focal point of Vijay’s bid for power.

The Constitutional Grey Area: Discretion vs. Convention

The Tamil Nadu standoff raises a fundamental question: Is the Governor legally required to invite the single largest party, or can he demand proof of a majority beforehand? The legal framework backs the Governor, while previous precedents show he is acting against mutual democratic conventions. 

Also Read: Why did Congress dump DMK for Vijay’s TVK, what is it trying to gain from new alliance?

The Legal Framework

Under Article 164(1) of the Indian Constitution, the Governor appoints the Chief Minister. However, the text is silent on the specific procedure for a "hung assembly," granting the Governor significant discretionary power.

The Single Largest Party Rule: Conventions established by the Sarkaria Commission and the M.M. Punchhi Commission suggest that the Governor should first invite the single largest party (TVK) to form the government and then set a deadline (usually 15–30 days) for them to prove their majority on the floor of the House.

The SR Bommai Precedent (1994): The Supreme Court ruled in S.R. Bommai v. Union of India that the floor of the Assembly is the only place to test a majority, not the Governor's private chambers (Raj Bhavan). By asking for 118 names upfront, critics argue the Governor is performing a "mini-floor test" in private, which can lead to horse-trading.