Why did the Tamil Nadu Governor halt Vijay’s victory run? What does the Supreme Court previous ruling says

The delay in allowing Vijay to form the government has drawn fiery remarks and allegations of bias. Left leaders have vehemently called for Arlekar to let TVK form the next government — as per “established practices, conventions in our parliamentary democratic system”. The Congress has also accused the BJP of “operating through” the Governor and colluding with the DMK and AIADMK.

“BJP is operating through the governor. The governor is not respecting the mandate of the people. The BJP is operating through the Governor as well as AIADMK and DMK now. Who is the backstabber now? DMK is joining with AIADMK, and the BJP is operating. The remote control is with the BJP. Tamil Nadu people have rejected both parties, and they are coming together to form an alliance with the blessing of the BJP…DMK has surrendered,” Congress MP Manickam Tagore alleged in conversation with ANI.

What is the issue?

Governor Rajendra Vishwanath Arlekar had invited Vijay to the Lok Bhavan on Thursday. He reportedly sought clarity and explained that the requisite majority support in the Tamil Nadu Legislative Assembly has not been established. This came less than a day after the party announced its alliance with the Congress and submitted a letter of support to formally stake claim.

“Thiru Rajendra Vishwanath Arlekar, Governor of Tamil Nadu, has invited Thiru C. Joseph Vijay. President, Tamilaga Vettri Kazhagam, today to Lok Bhavan, Chennai. During the meeting, the Governor explained that the requisite majority support in the Tamil Nadu Legislative Assembly, essential for forming the Government, has not been established,” a release from the Raj Bhavan said on Thursday.

What does the law say?

Article 164 of the Indian Constitution simply calls for the Chief Minister to be appointed by the Governor without detailed instructions. Guidelines set out by the Sarkaria Commission in 1988 outline an ‘order of preference’ for the Raj Bhavan to follow in case of a hung Assembly. Pre-poll alliances take first consideration in such cases, followed by the single largest party and then post-poll alliances. This logic puts the TVK first in line since no pre-poll alliance in Tamil Nadu is eligible to form the government.

But the Sarkaria Commission and subsequent Punchhi Commission are not binding rules — although the Supreme Court has ruled that Governors should follow the guidelines. Previous Supreme Court rulings indicate that the single largest party is typically considered first for government formation. But the convention has also faced challenges.

The Congress and JD(S) had approached the Supreme Court in the dead of the night after Governor Vajubhai Vala scheduled the swearing-in of B S Yediyurappa as the Karnataka CM in 2018. The two parties had announced a post-poll alliance — although the Governor had invited the BJP (the single largest party) to form the government. The latter had also been given 15 days to prove its majority on the floor of the House.

And while former Chief Justice Dipak Misra heard the case through the night, he refused to stay the swearing-in ceremony. The apex court had later advanced the floor test to 36 hours amid allegations of horse-trading and resort politics. The Congress-led alliance eventually formed the government after the BJP grouping failed to pass the floor test.

The Supreme Court had also tagged floor tests as the “ultimate” option during a separate case involving the Uttarakhand government. Both incidents appear to support the legal guidelines outlined in the Sarkaria Commission and, by extension, strengthen the case in favour of Vijay being asked to form the government.

Alliances and kingmakers

The Tamilaga Vettri Kazhagam made a stunning electoral debut this week as it won 108 seats in the Tamil Nadu Assembly and emerged as the single largest party in the state. The DMK was relegated to second place while the rival AIADMK placed third. But no party has been able to form the government it remains unclear how the poll mandate will play out. Frenzied discussions remain underway as smaller parties debate post-poll alliances — unexpectedly pushed into the role of kingmaker.

The three leading parties collectively won 214 out of 234 seats in the Tamil Nadu Assembly. The Congress had contested as a DMK ally and won five seats before forming a coalition with the TVK. The 15 remaining MLAs come from eight separate parties including the BJP. And the formation of the next state government is wholly in their hands.