Governor’s role in govt. formation, Pg10

Key Highlights:

• The Tamilaga Vettri Kazhagam (TVK) won 108 seats in the Tamil Nadu Assembly elections, short of a majority.
• The Governor invited TVK chief C. Joseph Vijay to form the government after receiving letters of support from 120 members.

Detailed Insights:

• When no party secures a majority, the Governor exercises discretion in appointing the Chief Minister, though the Constitution provides no specific criteria.
• The Sarkaria and Punchhi Commissions suggested prioritizing a pre-poll alliance with a majority, followed by the single largest party, then post-electoral coalitions.
• Instances like Goa (2017) and Manipur (2017) show Governors inviting BJP-led alliances despite Congress being the largest party, while in Karnataka (2018), the BJP was invited first.
• Concerns arise when Governors appear to act as agents of the Union government rather than impartial constitutional heads.
• The Supreme Court in S. R. Bommai v. Union of India (1994) affirmed that the 'floor of the House' is the forum to test a government's majority.
• The Justice Kurian Joseph Committee suggested a constitutional schedule to codify rules for the Governor's discretionary powers.

Key Concepts Involved:

• Article 164(1): Constitutional provision stating the Governor appoints the Chief Minister.
• Hung Assembly: A situation where no single party or pre-poll alliance secures a majority of seats in an election.
• Discretionary Powers: Powers the Governor can exercise independently, without the advice of the council of ministers.