Senior advocate Harish Salve said Tamil Nadu Governor Rajendra Arlekar acted within constitutional limits by requesting written proof of majority support from TVK chief Vijay [1].
This legal defense arrives as Tamil Nadu faces a post-election deadlock. The dispute centers on whether a party leader must provide formal documentation of legislative support before being invited to form a government, a process that determines the stability of the state's leadership.
Salve addressed the situation in an interview with NDTV, saying that the governor's request for written verification is a necessary step to ensure a legitimate government formation [1]. He said that the move prevents the risk of a premature or illegitimate administration taking power [2].
"The Constitution requires a government to prove its majority before being invited to form the ministry," Salve said [2].
The deadlock has created tension between the governor's office and the TVK leadership. While the party seeks to form the ministry, the governor has maintained that written evidence of support is required to verify that the party commands a legislative majority [2].
Salve questioned the hesitation of the party's allies to provide such documentation. "What is the problem with supporters of Vijay simply putting their backing in writing?" Salve said [1].
Under the current circumstances, the governor's decision to seek written proof serves as a safeguard. This requirement ensures that the person invited to form the government possesses the actual numbers needed to sustain a ministry in the assembly [2].
“"The Constitution requires a government to prove its majority before being invited to form the ministry."”
The intervention of a senior advocate like Harish Salve provides a legal framework for the governor's actions, suggesting that the demand for written proof is a constitutional safeguard rather than a political delay tactic. This sets a precedent for how majority support is verified during hung assemblies or contested government formations in Indian states.
