Former Solicitor General Harish Salve said the Governor of Tamil Nadu cannot conduct a floor test at Raj Bhavan [1].
The legal distinction is critical because it determines where a government must prove its majority to be constitutionally valid. A test conducted in a private residence rather than a public legislative forum could lead to legal challenges regarding the legitimacy of a chosen Chief Minister.
According to Salve, a floor test must occur in the assembly, not at the governor's residence [1]. He said the proper constitutional forum for such a process is the Tamil Nadu Legislative Assembly. This follows the recent assembly elections held in 2024 [1].
While Salve rejected the idea of a residence-based test, he addressed the Governor's use of other methods to verify support. He said that asking for letters of support is not unconstitutional and falls within the governor's discretion [1]. This suggests that while the final test must be public, the preliminary gathering of evidence regarding majority support is permissible.
The situation has drawn criticism from other legal and political figures. Abhishek Manu Singhvi said the delay in inviting Vijay to form the government is deplorable and unprecedented [1].
The dispute centers on the balance of power between the appointed governor and the elected legislature. By emphasizing the assembly as the only valid venue for a floor test, Salve reinforces the principle that the will of the house must be demonstrated openly, and formally.
“A floor test must occur in the assembly, not at the governor's residence.”
This legal interpretation underscores a strict adherence to parliamentary tradition in India, where the Legislative Assembly is the sole venue for proving a government's majority. By separating the governor's discretionary power to request letters of support from the formal requirement of a floor test, the argument seeks to prevent the executive from bypassing the public transparency of the assembly process.
