* Governor must ensure compliance with constitutional provisions and Supreme Court judgments
Lucknow, (Asian independent) Our Constitution provides that if no single party or alliance secures a clear majority in an election, it is the primary duty of the Governor to invite the single largest party or a pre-poll alliance to form the government. This process is important because, in a democracy, the people’s mandate must be respected above all, and the largest party represents the highest level of public support. In the historic S.R. Bommai vs Union of India case, the Supreme Court clearly stated that whether a government has a majority or not must be decided on the floor of the Legislative Assembly through a floor test, not behind closed doors in the Raj Bhavan. The Governor’s role is not to decide who will win but to give an opportunity to the party that claims it can prove its majority in the House. The formation of the central government in 1996 under Atal Bihari Vajpayee and the situation in Karnataka in 2018 are clear examples where the single largest party was given the first opportunity. Demanding letters of support from legislators before the oath-taking ceremony, or the Governor independently assessing majority support, is not only against constitutional conventions but also raises questions about the autonomy of elected representatives. In Tamil Nadu, Vijay’s TVK party, with 108 MLAs, is the largest party, and the Congress party, with 5 MLAs, has also submitted a letter of support to the Governor. No other party has staked a claim to form the government. In such circumstances, the Governor should have invited Vijay’s party to form the government. Instead, the Governor has asked him to present letters of support from 118 MLAs, which goes against constitutional conventions and the Supreme Court’s judgment in the Bommai case. For a healthy democracy, it is essential that those holding constitutional offices rise above political inclinations and follow established rules and judicial precedents so that the dignity of the people’s mandate is preserved. Therefore, the All India People’s Front demands that the Governor of Tamil Nadu invite Vijay, the leader of the largest party in the state, to form the government so that constitutional norms and Supreme Court judgments are respected and upheld. AIPF also expects the Governor to act not as a representative of the BJP but in accordance with the dignity and responsibility of a constitutional office. Issued on behalf of the National Executive Committee of AIPF,
S.R. Darapuri
National President, All India People’s Front
