TVK Vijay To Move Supreme Court Against Tamil Nadu Governor?

Despite emerging as the single largest party in the Tamil Nadu Assembly elections, Tamilaga Vettri Kazhagam (TVK) has fallen short of the majority mark required to form the government. The party won 108 seats in the Assembly, leaving it 10 short of the magic figure needed to claim power.

Following the election results, TVK chief Vijay began efforts to secure support from other political parties and independent legislators. At the same time, he reportedly appealed to Governor CP Radhakrishnan, seeking two weeks’ time to prove his majority on the Assembly floor.

However, keen to avoid any delay in the government formation process, Vijay was also eager to take oath as Chief Minister at the earliest. After TVK conveyed its intentions to Raj Bhavan, the Governor reportedly asked the party to submit a list of supporting MLAs before formally staking claim to form the government.

On Wednesday evening, Vijay submitted a list of supporting legislators, including backing from the Congress party. Despite this, the Governor is said to have informed TVK that the party still did not have sufficient numbers to form the government. He reportedly made it clear that Vijay would need the support of at least 118 MLAs before he could be invited to take oath as Chief Minister.

The development has reportedly disappointed sections within TVK, and Vijay is expected to meet the Governor once again in an attempt to convince him.

Traditionally, in Indian politics, Governors have often invited the single largest party to form the government, allowing it to prove its majority later on the Assembly floor. Several such precedents exist at both the state and national levels.

In the 2013 Delhi Assembly elections, the Bharatiya Janata Party (BJP) emerged as the single largest party with 31 seats, despite falling short of the majority mark of 36. Although the BJP was invited to form the government, it declined. Subsequently, the Aam Aadmi Party (AAP) formed a minority government with outside support from Congress.

Similarly, after the 2018 Karnataka Assembly elections, the BJP, as the single largest party, was invited to form the government. The Congress-JD(S) alliance challenged the move in court, following which the judiciary directed the Governor to conduct an early floor test. Eventually, BS Yediyurappa resigned after failing to prove his majority.

On the other hand, in the 2017 Goa Assembly elections, despite Congress emerging as the single largest party with 17 seats, the Governor invited the BJP, which had secured only 13 seats, to form the government after it demonstrated majority support through alliances. The Supreme Court later upheld the Governor’s decision.

Against this backdrop, TVK leaders argue that Vijay, as the leader of the largest party in Tamil Nadu, deserves the first opportunity to form the government. However, the Governor appears to be insisting on proof of majority support upfront instead of granting additional time.

Political observers believe the chances of Vijay being granted the requested two-week window are slim. As a result, TVK is now under pressure to secure the required numbers as quickly as possible. If it fails to do so, the Governor could invite another alliance or political formation to stake claim to power.

Reports also suggest that Vijay has begun consulting legal experts regarding the constitutional options available to him. If the Governor refuses to invite TVK to form the government, the party is expected to approach the courts seeking legal intervention.

India has witnessed similar political situations even at the national level. After the Emergency, the Janata Party emerged as the largest force in the 1977 general elections, leading to Morarji Desai becoming Prime Minister.

In 1989, the Janata Dal emerged as the single largest party, paving the way for VP Singh to become Prime Minister with outside support.

Likewise, in 1996, the BJP was invited to form the government as the single largest party, but Atal Bihari Vajpayee resigned within 13 days after failing to prove majority support in Parliament.

In the 2004 general elections, the Indian National Congress (INC) emerged as the single largest party, leading to the formation of the United Progressive Alliance (UPA) government under Manmohan Singh.