Tamil Nadu govt formation impasse | Karnataka to Maharashtra and Manipur: Past cases where Governors' decision came under scrutiny

Governors decisions when elections have resulted in a fractured mandate have frequently sparked off debates over whether they should prioritise the single-largest party or a post-poll coalition.

Tamil Nadu Governor Rajendra Vishwanath Arlekar has rejected TVK chief C Joseph Vijay's claim to form the government, stating that his party lacks the requisite numbers, adding another layer of political uncertainty and prompting the single-largest party to step up efforts to seek support from the Left parties, VCK and the IUML.

Vijay visited the Lok Bhavan on Thursday, at the invitation of Governor Arlekar, for the second time in 24 hours. "During the meeting, the Hon'ble Governor explained that the requisite majority support in the Tamil Nadu Legislative Assembly, essential for forming the government, has not been established," Lok Bhavan said in a statement after the meeting.

Amid renewed efforts by the Tamilaga Vettri Kazhagam (TVK) to reach out to them, the Left parties, VCK and the IUML said a decision on Vijay's request for support will be taken on Friday.

The TVK has emerged as the single-largest party with 108 seats in the 234-member Tamil Nadu Assembly. With the Congress (five seats) extending support, the tally has reached 113. The Governor’s demand for a pre-verified list of 118 signatures before an invitation is issued is the central point of the current constitutional tug-of-war.

As gubernatorial discretion and coalition arithmetic play out in Tamil Nadu, many interpret the delay as more political than administrative or constitutional.

While the Constitution grants Governors discretionary powers under Article 163, their decisions when elections have resulted in a fractured mandate or hung Assemblies have frequently sparked off debates over whether they should prioritise the single-largest party or a post-poll coalition.

​Here is a look at key historical and recent precedents where Governors have allowed parties or leaders to form governments without an immediate, pre-verified majority.

Tamil Nadu/Madras (1952)

​The first major instance occurred in the very State currently in the spotlight. In the 1952 Madras Legislative Assembly elections, the Congress failed to win a majority (it got 152 of the 375 seats). An Opposition coalition led by T Prakasam had 166 seats. Governor Sri Prakasa invited the Congress, led by C Rajagopalachari, to form the government, arguing it was the single-largest party. This established a precedent, often criticised, where the Governor favours the largest individual party over an Opposition bloc.

Maharashtra (2019)

The Assembly election ended with the BJP (105 seats) and Shiv Sena (56 seats) winning a clear majority as an alliance. However, the alliance collapsed over a power-sharing dispute. Since no single party or alliance claimed power initially, the Governor invited the BJP (the largest party), then Shiv Sena, and then the NCP. All failed to prove a majority within the short windows provided.
On November 12, 2019, President’s Rule was imposed in the State.

​While the Shiv Sena, NCP, and Congress (Maha Vikas Aghadi) were finalising their alliance, a dramatic shift occurred: on the night of November 22, Ajit Pawar (NCP) broke away and offered support to the BJP.
In a move that shocked the country, the President’s Rule was revoked at 5:47 am on November 23. By 8 am, Governor Bhagat Singh Koshyari had sworn in Devendra Fadnavis as Chief Minister and Ajit Pawar as Deputy Chief Minister.

The Governor acted on a list of signatures provided by Ajit Pawar, which he claimed represented the entire NCP. The NCP leadership, however, maintained that these signatures were taken for a different purpose and did not signify support for the BJP.
​The MVA challenged the Governor’s "arbitrary and mala fide" action in the Supreme Court. The court’s ruling became a landmark in handling such crises: it ordered a floor test to be conducted within 24 hours (by November 27); to prevent horse-trading, the court mandated that there would be no secret ballot, and it also ordered that the proceedings be telecast live.
​Recognising they did not have the numbers once the secret ballot option was removed and the NCP stayed united under Sharad Pawar, both Ajit Pawar and Devendra Fadnavis resigned on November 26, just 80 hours after taking oath. This paved the way for the MVA government under Uddhav Thackeray.

Karnataka (2018)
​Following a fractured mandate in 2018, the BJP emerged as the single-largest party with 104 seats, while the Congress (80) and JD(S) (37) quickly formed a post-poll alliance that crossed the majority mark of 113.
Governor Vajubhai Vala invited the BJP’s B S Yediyurappa to form the government and gave him 15 days to prove his majority.  
The Supreme Court intervened following an Opposition petition and shortened the window for the floor test to just 24 hours. On May 19, Yediyurappa gave an emotional speech in the Assembly and resigned after just two-and-a-half days, unable to gather the numbers before the trust vote.

His resignation cleared the way for the Congress-JD(S) coalition to form the government. H D Kumaraswamy was sworn in as Chief Minister on May 23 with the Congress support.

Goa (2017)
​In Goa, the Congress was the single-largest party with 17 seats in the 40-member House, while the BJP had 13.
​Governor Mridula Sinha did not invite the Congress. Instead, she invited the BJP after they presented a list of supporters from smaller parties (GFP and MGP) and Independents, reaching the 21-seat mark.
The Supreme Court upheld the Governor’s discretion, noting that the Congress had not formally staked a claim with proof of numbers as quickly as the BJP had.

Manipur (2017)
Despite the Congress being the single-largest party with 28 seats and just three seats short of a majority in the 60-member House, Governor Najma Heptulla did not invite incumbent Chief Minister Okram Ibobi Singh to form the government.
The BJP stitched together a post-poll alliance with the National People's Party, Naga People's Front, and others to reach the 31-mark. The Governor argued that it was her duty to ensure a "stable government", and since the BJP presented a list with the support of 31+ MLAs first, they were given the invitation.

The decisions of the Governors of Goa and Manipur in 2017 went against the Sarkaria Commission guidelines, which suggest that the single-largest party should typically be invited first to see if they can form a government.

They reinforced the idea that the Governor's discretion is ultimate in case of a fractured mandate, provided they can justify that the invited leader has the best chance of surviving a floor test.

In both the Goa and Manipur cases, the Supreme Court ultimately declined to stay the swearing-in ceremonies, ruling that the floor of the House is the only place to settle the dispute as per the S R Bommai vs Union of India ruling (1994).