Former Solicitor General Harish Salve said the Governor of Tamil Nadu is constitutionally justified in seeking clarity on majority numbers before inviting a party to form government.
The dispute centers on whether the single largest party in a legislative assembly possesses an inherent right to lead, or if the Governor must first verify a stable majority to avoid a hung assembly.
The legal debate follows the Tamil Nadu legislative assembly elections held April 10, 2024, with results declared May 2, 2024 [1]. In those results, the Tamilaga Vettri Kazhagam (TVK), led by actor-politician Vijay, emerged as the single largest party with 108 seats [3]. The total number of seats in the assembly is 234 [4].
Governor R. N. Ravi has sought further clarification regarding the majority numbers before formally inviting TVK to form the government. Salve defended this caution during an interview with NDTV, stating that the Governor is acting to uphold constitutional propriety.
"There is nothing unconstitutional in the Governor seeking more clarity on majority numbers before inviting TVK to form the government," Salve said [2].
Salve further clarified that the constitutional framework does not mandate an automatic transition of power based solely on being the largest party in the house. This process ensures that the government invited to take office has the actual support of the assembly to function effectively.
"The Constitution does not automatically grant the single largest party the right to govern," Salve said [2].
The move by the Governor comes amid a volatile political landscape in the state, where various parties are negotiating to secure the necessary numbers for a stable coalition.
“"The Constitution does not automatically grant the single largest party the right to govern."”
This legal interpretation reinforces the discretionary power of the Governor in India's parliamentary system. By arguing that the single largest party lacks an automatic right to govern, Salve suggests that the Governor's primary duty is to ensure stability and a verifiable majority, which can lead to prolonged negotiations and coalition-building before a government is officially sworn in.
