Governor's role in government formation | Explained

📌 Summary:

• Context: Tamilaga Vettri Kazhagam (TVK) won 108 seats in Tamil Nadu elections — 10 short of the majority mark of 118 in a 234-seat Assembly
• After post-poll parleys, TVK secured letters of support from 120 MLAs; Governor then invited TVK chief Vijay to form the government and he was sworn in as Chief Minister
• Constitutional provision: Article 164(1) — Chief Minister shall be appointed by the Governor; other ministers on CM's advice
• When a single party wins a clear majority: Governor invites the legislative party leader — no discretion involved
• Hung Assembly (no single majority): Governor exercises DISCRETION in selecting the Chief Minister — Constitution does not prescribe criteria
• Sarkaria Commission guidelines (still followed): (1) Invite leader of largest single party/pre-poll alliance; (2) If unable to form government, invite next largest post-poll combination; (3) Accept written letter of support (not floor test alone); (4) Swearing-in should precede floor test to allow vote of confidence
• Bommai case (1994): Supreme Court held that the floor test is the sole determinant of majority — Governor cannot dismiss government without floor test
• Nabam Rebia case (2016): Reiterated limits on Governor's power to summon/dismiss Assembly
• Controversies: Governors in Jharkhand, Maharashtra, Goa, and other states have been accused of partisan behaviour in government formation — key constitutional debates around Article 355 and 356 (Governor's report)
• Rajmannar Committee and Punchhi Commission: Recommended codifying Governor's discretionary powers and limiting partisan use of Article 356