Senior Supreme Court lawyer Abhishek Manu Singhvi said the Governor's delay in inviting Thalapathy Vijay to form the Tamil Nadu government is unconstitutional [1].

The situation creates a political vacuum in one of India's most populous states. Because the Tamilaga Vetri Kazhagam (TVK) is the single largest party and faces no rival claimant, the delay challenges established democratic norms regarding the appointment of a Chief Minister [1, 2].

Singhvi, who is also a Congress MP, described the current state of affairs as deplorable and unprecedented [2]. He said the Governor's office is breaching constitutional standards by withholding the invitation to the leader of the largest party [1, 2].

"It is unconstitutional to keep the state without a Chief Minister when the single largest party is clear," Singhvi said [2].

The lawyer urged that Vijay be sworn in immediately to resolve the crisis. This process would allow the new government to prove its majority on the Assembly floor through a formal vote of confidence [1, 2].

Singhvi emphasized that the lack of a clear rival claimant removes any legal ambiguity that would typically justify a delay in the appointment process [1]. He said the delay is an unprecedented move that undermines the mandate of the voters in Tamil Nadu [2].

"The delay in inviting Vijay to form the government is deplorable and unprecedented," Singhvi said [2].

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

This dispute highlights a recurring tension in Indian politics between the discretionary powers of state Governors and the mandates of elected assemblies. By calling the delay unconstitutional, Singhvi is signaling that the legal battle may shift toward the judiciary if the Governor does not act, potentially setting a precedent for how 'single largest party' status is handled in hung assemblies.