There is a big trouble in the politics of Tamil Nadu at this time. After the results of the recent elections, a situation like ‘hung assembly’ has arisen, that is, no single party has got the required majority to run the government alone. Actor Vijay’s party TVK has emerged as the largest party, but he needs some more MLAs to form the government. Meanwhile, a debate has erupted among the country’s top legal experts over the ‘delay’ by Governor Rajendra Vishwanath Arlekar in inviting Vijay to form the government. Some say that the Governor should give a chance only to the largest party, while some believe that the Governor can first ask for proof of majority.
What is the mathematics of Tamil Nadu Assembly and where is the problem?
The magic figure to form the government in the 24-seat Tamil Nadu Assembly is 118. In the elections held on April 23, actor Vijay’s party TVK achieved the distinction of being the largest party by winning 108 seats. Although 5 Congress MLAs have given their support to Vijay, still they have a total of 113 MLAs. There are still 5 more MLAs short of majority. Vijay has met the Governor twice in the last 24 hours and sought a chance to form the government, but has not received any invitation from the Governor yet.
Will the Governor have to call the largest party?
Some big legal experts believe that the Governor has no other option but to call the largest party. Supreme Court Bar Association president Vikas Singh says it is “inappropriate” for the Governor not to invite the largest party. His argument is that since no other alliance has a majority, the largest party should get a chance. Senior lawyer Ajit Sinha also believes that the Governor should immediately invite Vijay and give him 10 to 15 days so that he can prove his majority inside the Assembly. According to him, the fate of the government should be decided not in the Raj Bhavan but in the Assembly.
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Does the Governor have the right to ask for proof of majority?
On the other hand, some legal experts believe that it is the responsibility of the Governor to form a stable government. Senior lawyer Rakesh Dwivedi says that the Governor has every right to ask whether TVK really has the majority. If Vijay is unable to provide the letter of majority support, then there may be a possibility of imposition of President’s rule in the state. According to Dwivedi, Vijay should submit the list of his supporting MLAs or their support letters to the Governor so that the Governor can be satisfied. Advocate Amit Anand Tiwari also says that merely being the largest party is not enough, the Governor has to see whether that party will be able to survive in the House or not.
How much power does the Governor have under the Constitution?
Senior lawyer Vikas Pahwa said that under Article 164 of the Constitution, the Governor has some special powers, especially when no one gets a clear majority. There is no such strict rule in the Constitution that the Governor will have to call only the largest party in any case. However, several decisions of the Supreme Court have stated that the Governor should be impartial and should not delay. According to Pahwa, if the Governor deliberately delays or shows partiality, his decision can be challenged in court.
What if there is a long delay in forming the government?
Experts say that if the Governor keeps the claim of the single largest party hanging without any solid reason, it can be considered as arbitrary behavior. The Supreme Court has repeatedly made it clear that the real test of majority should be the ‘floor test’ i.e. during the proceedings of the Assembly. If the Governor feels that Vijay has less marks, he can ask for written proof from him. But if the matter drags on for a long time, it could turn into a constitutional crisis. Now all eyes are on Raj Bhavan to see whether the Governor follows democratic traditions and gives a chance to Vijay or the matter remains entangled in the game of numbers.
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