
Vijay’s TVK is one seat short of majority in Tamil Nadu. (Image: ANI)
Tamil Nadu Governor’s decision to turn back TVK chief Vijay for the second time in just two days has triggered a major political debate in the state. The incident came even after Congress formally extended support to TVK following the Assembly election results. While the support briefly strengthened Vijay’s position, the numbers are still not enough for him to comfortably cross the majority mark required to form a stable government in the 234-member Tamil Nadu Assembly. TVK emerged as the single largest party with 108 seats, which placed Vijay nearest to the crossing line, but the Governor has made it clear that being the biggest party alone is not enough. Constitutionally, the Governor has to ensure that the person invited to form the government can actually prove majority support inside the House.
TVK winning 108 seats gave Vijay a strong political claim to become Chief Minister. However, the majority mark in the Assembly stands at 118, leaving TVK short by 10 MLAs. This is the key reason behind the Governor’s refusal. While being the single largest party carries political importance, the Constitution requires the Governor to look beyond the seat tally and determine who can actually command the confidence of the House. At present, TVK on its own does not meet that number.
On Wednesday, Vijay met the Governor soon after Congress officially announced support to TVK for government formation. Congress has five MLAs, which pushed the combined tally to 113. Even after that support, Vijay still remains five seats short of the required 118. This numerical gap has become the centre of the constitutional deadlock.
According to the current political situation, no other political party or outfit has extended support to TVK apart from Congress. Because of that, the Governor has reportedly asked Vijay to first prove that he has the backing of at least 118 MLAs before any invitation to form the government can be considered.
The numbers game has become even more complicated because Vijay won from two constituencies in the election. Under election rules, he cannot retain both seats and will eventually have to vacate one constituency. Once that happens, the effective tally supporting him could drop from 113 to 112. This creates what many are calling a “moving target” for the Governor, who now has to judge whether Vijay can realistically maintain a stable majority in the House.
The Governor’s powers in such situations come from Article 164(1) of the Constitution, which states that the Chief Minister is appointed by the Governor. However, the Constitution does not lay down a fixed formula for whom the Governor must call first when there is a hung Assembly.
Since no party or alliance has crossed the majority mark, the Governor has chosen to insist on proof of majority before inviting Vijay to form the government. Constitutionally, the Governor’s responsibility is to ensure the state gets a stable government, not simply the party making the loudest claim.
Another major factor is the anti-defection law and the possibility of a floor test. Even if Vijay manages to present letters of support from individual MLAs or smaller groups, those MLAs could face disqualification if they violate party discipline under anti-defection rules.
Because of this, courts and constitutional practice have repeatedly stressed that the real test of majority happens on the floor of the Assembly through a confidence vote. The Governor’s role is to ensure that whoever claims power is in a credible position to face that test.
For now, Vijay remains the strongest claimant because TVK is still the single largest party in Tamil Nadu. But unless he crosses the 118 mark with confirmed support, the Governor appears unlikely to change his stand. The one question everyone has in mind is whether Vijay can gather the numbers needed to finally convince the Governor on a third attempt.
Khalid Qasid is a media enthusiast with a strong interest in documentary filmmaking. He holds a Master’s degree in Convergent Journalism from AJK MCRC. He has also written extensively on esports at Sportsdunia. Currently, he covers world and general news at NewsX Digital.
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