AA Edit | Governor Must Invite Vijay Swiftly To Form Govt In TN

Tamil Nadu governor Rajendra Vishwanath Arlekar’s insistence that Tamilaga Vetri Kazhagam (TVK) president Vijay produce before him evidence that he enjoyed a majority in the newly-elected state Assembly to form government lacks merit and can be seen only as an attempt to create impediments in the formation of a popular government in the state. The governor must follow the Constitution and democratic precedents set by Presidents and other governors instead of discovering new theories.

Mr Vijay’s TVK has won 108 seats in the 234-member house and has fallen short of 10 seats for crossing the majority mark. The Congress with five members has decided to extend its support to the TVK, taking the number to 113, and leaving a shortfall of five members. Mr Vijay has staked his claim to form the government as the leader of the TVK legislature party. The governor, however, argues that the TVK has not established “the requisite majority support in the state legislative Assembly, essential for forming the government”.

Article 164 (1) of the Constitution states that the chief minister shall be appointed by the governor and the other ministers shall be appointed by the governor on the advice of the chief minister, and the ministers shall hold office during the pleasure of the governor. Article 164 (2) mandates that the “council of ministers shall be collectively responsible to the legislative Assembly of the state.” Constitutional courts have ruled and explained in several judgments that the “pleasure” of the governor is not subjective and it is refers to confidence of the Assembly to which the council of ministers is collectively responsible.

There are a number of instances the country where governments were formed in the states and at the Centre when no party or formation enjoyed a number above the half way mark. The Presidents and governors set the precedents that when there are no conflicting claims, the leader of the single largest party in the House will be invited to form the government and directed to prove his majority in the house. While the reference is to “majority”, the practice has been that the motion the head of the council of ministers moves in the House stating its confidence in the ministry is passed. P.V. Narasimha Rao ran his government at the Centre for five years though his party and alliance never enjoyed a numerical majority in the Lok Sabha.

The people have declared their choice of a government in Tamil Nadu when the term of the previous one ended. DMK president M.K. Stalin, the leader of the party, which has the second largest number of seats in the House, is on record saying the TVK leader must be allowed to form the government. The governor has not given an explanation as to why he believed that a TVK ministry, if formed, will not be stable. Plenty of court orders, including the one in the S.R. Bommai case, have insisted that a chief minister has to demonstrate his parliamentary strength in the house, and not before the governor. It is unfair on the part of the governor to play games with the popular mandate, the constitutional scheme and democratic norms. He must invite Mr Vijay to form government without delay.