In the recent Tamil Nadu Assembly elections, no single party secured a clear majority (hung assembly), making the role of Governor in government formation crucial.

Role of the Governor in forming a government

Constitutional provision:

• Article 164(1): The Chief Minister (CM) of a State shall be appointed by Governor, while other ministers shall be appointed by Governor on the advice of the CM.
  • The Constitution does not prescribe any criteria for selecting CM during hung assembly.
• Discretionary power (Article 163): The Governor functions in accordance with the aid and advice of the Council of Ministers with the CM, except certain functions where discretion is exercised.
  • In case of no party having a clear majority, the Governor exercises situational discretion.

Sarkaria Commission (1987) Recommendations:

• When a single party secures a clear majority in the Assembly, the Governor invites the leader of that party to form the government. 
• However, in case of no party having a clear majority, it suggested an order of preference for selecting a CM: 
  • Pre-poll alliance, 
  • Largest single party with outside support, 
  • Post-poll coalition, 
  • Post-poll alliance with external support.

Potential Concerns: Governors have, on certain occasions (E.g. Goa and Manipur in 2017), appointed Chief Ministers without following order of preference.