Governor’s Role in a Hung Assembly

Syllabus: GS2/Polity and Governance

In News 

• Tamil Nadu’s 2026 elections produced a hung Assembly, TVK (Vijay’s party) won 108 seats, short of the 118-seat majority mark in the 234-seat House.

What Is a Hung Assembly?

• When no single party wins a clear majority, the Assembly is called “hung.” This triggers coalition negotiations and reliance on smaller parties or independents. 
• The Governor steps in as the key constitutional officer to decide who gets the first invitation to form the government.

Constitutional Provisions

• Article 163: Governor acts on Council of Ministers’ advice, except where he must use discretion.
• Article 164(1): Governor appoints the Chief Minister and Council of Ministers. In a hung Assembly, he wields discretion in inviting parties to form the government.
• Article 163(2):  If any question arises whether a matter requires the Governor’s discretion, his decision is final and cannot be called in question.

Role of Governor in Hung Assembly

• To exercise this power, the Governor invites the party that has the people’s mandate and stakes a claim to form the government. 
• The Governor then fixes a time to administer the oath of office to the Chief Minister designate.
• A pro-tem speaker is appointed, usually the senior-most legislator among the elected, to administer the oath to the MLAs and conduct a floor test.
  • A floor test (also called a ‘trust vote’) is held in legislative bodies, to find out whether the government that is suspected to have lost the majority still retains the confidence of the House. This is done through a vote among the members.
• In case the Governor comes to the conclusion that no government can be formed under the given composition of the Assembly, he can recommend to the Central government the imposition of President’s rule.

Reports and SC Judgements on Role of Governor

• Sarkaria Commission Report (1983): It stated that if a single party has an absolute majority in the Assembly, the leader of that party should automatically be asked to become the Chief Minister.
• However, if there is no such party, the governor should select a Chief Minister from among the following parties in the order of preference indicated below:
  • An alliance of parties that was formed prior to the elections.
  • The largest single party staking a claim to form the government with the support of others, including “independents.”
  • A post-electoral coalition of parties, with all the partners in the coalition joining the government.
  • A post-electoral alliance of parties, with some of the parties in the alliance forming a Government and the remaining parties, including “independents”, supporting the Government from outside.
• The Punchhi Commission (2007): It broadly endorsed the Sarkaria framework but added that the Governors should act with constitutional neutrality and not as political agents.
  • It said that a floor test should be conducted as early as possible to determine the majority. 
  • Further, pre-poll alliances should be prioritised over post-poll arrangements, as they reflect a clearer electoral mandate.
• SC judgements: In SR Bommai v. Union of India (1994), the SC held that the Governor must invite the leader of the party commanding a majority in the House, or the single-largest party/group, to form the Government.
  • In 2006, in Rameshwar Prasad v Union of India: The Court warned against premature dissolution and stressed that political parties must be given a fair opportunity to form a government.
  • In 2016, involving a similar crisis in Uttarakhand as well, the SC had underlined the floor test as the “ultimate” option and directed then Congress CM Harish Rawat to prove majority on the floor of the house.

Source: TH