Single largest party or proven numbers? Tamil Nadu revives constitutional debate

TVK president Vijay met the governor for the second consecutive day. The governor reiterated that Vijay would need to demonstrate support from 118 MLAs before being formally invited to form the government, and the governor’s office sought clarity on additional parties willing to back TVK as part of a broader coalition. TVK sits on 108 seats, with five Congress MLAs supporting it, giving 113 in total, still short of the halfway mark.

TVK president Vijay met Governor Rajendra Vishwanath Arlekar for the first of two consecutive days of talks about who should be invited to form the government, amid ongoing uncertainty over the claimant.

The Supreme Court in Subhash Desai Vs Union of India examined the governor’s decision to invite Eknath Shinde to form the government and upheld it, noting that the invitation was based on the material before him, including communications of support.

During the 2019 Maharashtra political crisis, rivals challenged the governor’s decision to invite a government. The Supreme Court ordered an immediate floor test, reaffirming that majority is determined on the floor of the House, while noting that the governor can seek objective material before inviting a claimant.

The Constitution Bench in Rameshwar Prasad Vs Union of India clarified that at the government-formation stage the governor's role is confined to a ‘prima facie’ assessment, with satisfaction that is not final or conclusive.

In the 2005 Jharkhand Assembly elections, the BJP emerged as the single largest party with 30 seats, while the JMM had 17. Governor Syed Sibtey Razi invited Shibu Soren and the UPA to form the government; Soren was unable to prove majority, leading to Arjun Munda taking over.

In 1997, Uttar Pradesh governor Romesh Bhandari declined to invite the BJP despite it being the single largest party, citing concerns about stability. Around a year later, he administered the oath to Jagdambika Pal after Pal produced letters of support from non-BJP parties.

The Supreme Court held that the proper forum to test majority is the floor of the Assembly, not the governor’s subjective satisfaction. It also recognised that the governor may invite the leader of the party commanding majority in the House or the single largest party to form the government, but cannot conclusively adjudicate majority outside the Assembly.