Congress MP Abhishek Manu Singhvi said the Governor of Tamil Nadu's delay in inviting TVK leader Vijay to be sworn in as chief minister is unconstitutional.

The delay creates a political vacuum in Tamil Nadu, as the leader of the single largest party remains unable to form a government despite the election results. This standoff tests the constitutional boundaries of a governor's discretionary powers in appointing a chief minister.

Singhvi, who is also a senior Supreme Court lawyer, said the current situation is deplorable and unprecedented [1]. He said that because the Tamilaga Vettri Kazhagam (TVK) emerged as the single largest party with no rival claimant, the governor must act immediately to facilitate the democratic process [1].

According to Singhvi, the proper procedure is for the governor to administer the oath of office, and then allow the leader to prove their majority on the assembly floor [1]. He said, "The delay in inviting Vijay to form the government is deplorable and unprecedented" [1].

In the recent assembly elections, TVK won 108 seats [2]. The Congress party won five seats [2]. While TVK is the largest party, they currently fall short of the 113 seats required for an absolute majority [2].

Singhvi said the delay is unconstitutional [1]. He said that the governor's hesitation hampers the ability of the elected representative to establish a working government, a move that could potentially lead to legal challenges regarding the governor's role in state administration [1].

“"The delay in inviting Vijay to form the government is deplorable and unprecedented."”

This dispute highlights a recurring tension in Indian federalism where the role of the governor—an appointed official—clashes with the mandate of an elected assembly. By calling for a floor test, Singhvi is advocating for the parliamentary principle that the legitimacy of a government is decided by a vote of confidence in the house rather than the prior discretion of the governor.