Vijay Yet To Become ‘Thalapathy’ In The House: SC’s Take On Raj Bhavan Vs Floor Test Explained

Last Updated:May 08, 2026, 13:03 IST

Vijay's swearing-in stuck: What has the Supreme Court said on the limits of a Governor’s discretionary power in a hung Assembly? News18 explains.

Even while Tamilaga Vettri Kazhagam (TVK) chief Vijay got a clear lead, befitting his title of ‘Thalapathy’ (commander of the people) in films, in the Tamil Nadu elections, results for which were announced on May 4, his swearing-in has been delayed as Governor Rajendra Arlekar insists on physical proof of a 118-MLA majority.

The move has reignited a legal debate over the limits of a Governor’s discretionary power in a hung Assembly. What has the Supreme Court said on the issue? News18 explains.

WHAT DID THE GOVERNOR TELL VIJAY?

The TVK has won 108 seats. Even with the support of 5 Congress MLAs, Vijay’s tally stands at 112 or 113, which is still 5-6 seats short of the required mark.

Vijay requested to be sworn in as Chief Minister and then prove his majority on the floor of the House within two weeks. In recent meetings at Raj Bhavan, the Governor told Vijay that his claim to form the government cannot be accepted yet because he hasn’t “established proof of requisite majority". The Governor insisted that Vijay must first provide formal letters of support from at least 118 MLAs.

WHAT ARE THE POWERS OF THE GOVERNOR IN A HUNG ASSEMBLY?

The Governor acts as the constitutional head of the state. In a “hung assembly" (where no party has a clear majority), his powers are largely discretionary.

Under Article 164, the Governor appoints the CM. If no party has 118 seats, the Governor uses their judgment to invite the person most likely to command the confidence of the House. Constitutional experts and rivals often debate whether the Governor must invite the single largest party first (TVK) or can wait for a coalition to prove its strength beforehand.

The Governor can call for a “floor test" where MLAs vote to see if the CM has support. He can sign, withhold, or return bills passed by the state assembly. He can dissolve the legislative assembly if a stable government cannot be formed.

He can recommend that the President take over the state if the “constitutional machinery" fails (Article 356).

WHAT DO LEGAL EXPERTS SAY ON TN?

Legal experts and political figures like Abhishek Manu Singhvi have called the current delay “unconstitutional," arguing that as the TVK is the single largest party with no rival claimant, the Governor should administer the oath and set a fixed timeframe for a floor test. Delaying the process to wait for 118 physical signatures is seen by critics as an overstep of the Governor’s ceremonial role.

The Supreme Court of India often uses “quick" floor tests — typically within 24 to 48 hours—as a legal remedy to resolve political uncertainty and prevent “horse-trading" (illegal poaching of MLAs).

RAJ BHAVAN VS FLOOR TEST: WHAT THE SC HAS SAID

The Supreme Court (SC) has historically established that a Governor’s primary duty is to facilitate a floor test rather than conducting a “trial of strength" within the Raj Bhavan.

In the landmark S.R. Bommai v. Union of India case, the SC ruled that the only constitutionally ordained place to test a majority is the floor of the Assembly, not the Governor’s subjective assessment.

Recent SC observations, notably in late 2025, emphasise that discretionary powers under Article 163 must be used to uphold “democratic momentum". Experts argue that gatekeeping the office against a single largest party like TVK (108 seats) risks creating a “pocket veto" over the people’s mandate.

While the Governor has discretion, the Punchhi Commission (often cited in SC reviews) recommends a clear hierarchy for invitations:

1. Largest pre-poll alliance.

2. Single largest party with support from others.

3. Post-electoral coalitions.

WHEN DOES THE SUPREME COURT INTERVENE?

The “Bommai Rule" (from the 1994 S.R. Bommai v. Union of India case) is the guiding principle for these interventions:

• The House is the Only Venue: The strength of a government must be decided on the floor of the House, not at the Governor’s discretion.
• Preventing Corruption: Short timelines are enforced because a long gap between swearing-in and the vote “increases the risk of horse-trading and corruption".
• Transparency: In most recent orders (like Maharashtra 2019), the Court has mandated live telecasts and open voting (no secret ballots) to ensure accountability

WHEN SC ORDERED FLOOR TESTS

KEY FAQs

Can a governor invite a party that lacks majority?

Yes. In a hung assembly, the governor can invite the single largest party or a coalition that appears capable of securing majority support, and then require a floor test in the assembly.

What does the Supreme Court usually emphasise in such disputes?

The Supreme Court generally says the real test of majority must happen on the assembly floor, not only through claims made at Raj Bhavan.

Has this happened before in India?

Yes. Similar controversies occurred in states like Karnataka (2018), Maharashtra (2019), and Goa (2017), where governors invited parties or alliances before a floor test proved majority support.

With agency inputs

News explainers Vijay Yet To Become ‘Thalapathy’ In The House: SC’s Take On Raj Bhavan Vs Floor Test Explained

Read More