Governor’s Role in Government Formation: Constitutional Issues, Challenges, and Reforms for Hung Assemblies

The role of the Governor in government formation becomes highly significant when no political party secures a clear majority in the Legislative Assembly. Such situations, commonly known as a “hung Assembly,” often create constitutional uncertainty and political instability.

Recently, the debate intensified after the Governor of Tamil Nadu invited TVK leader C. Joseph Vijay to form the government and administer the oath as Chief Minister. The issue revived discussions regarding:

• The discretionary powers of the Governor
• Constitutional conventions in hung Assemblies
• Judicial oversight
• The need for codified rules to avoid constitutional crises

The issue is highly relevant for UPSC Polity, Governance, Federalism, and Constitutional Bodies.

Constitutional Basis of Government Formation

Article 164 of the Indian Constitution

Under Article 164: The Chief Minister shall be appointed by the GovernorArticle\ 164:\ The\ Chief\ Minister\ shall\ be\ appointed\ by\ the\ GovernorArticle 164: The Chief Minister shall be appointed by the Governor

The Governor appoints the Chief Minister and other Ministers on the advice of the Chief Minister.

However, the Constitution does not clearly define:

• The order of preference in a hung Assembly
• The scope of discretionary powers
• The procedure for verifying majority support

This ambiguity often leads to political controversies.

What is a Hung Assembly?

A hung Assembly occurs when:

• No political party secures an absolute majority
• Coalition support becomes necessary
• Multiple parties claim the right to form the government

In such cases, the Governor’s discretion becomes crucial.

Key Constitutional Concerns

1. Misuse of Discretionary Powers

Governors are sometimes accused of:

• Acting in favour of the ruling party at the Centre
• Ignoring constitutional morality
• Inviting minority governments without clear majority proof

This undermines cooperative federalism.

2. Delay in Floor Test

Unnecessary delays in conducting a floor test may:

• Encourage defections
• Promote horse-trading
• Destabilise democracy

The Supreme Court has repeatedly emphasized that the Assembly floor is the only legitimate place to test majority.

3. Political Instability

Ambiguous procedures often lead to:

• Litigation
• President’s Rule threats
• Frequent constitutional crises

Important Supreme Court Judgments

S. R. Bommai Case (1994)

The Supreme Court held that:

• Majority must be tested on the Assembly floor
• Constitutional machinery cannot be judged subjectively

This judgment strengthened federalism and limited arbitrary actions.

Shivraj Singh Chouhan v. Speaker (2020)

The Court reiterated:

• Immediate floor tests are necessary in cases of doubt
• Delays damage democratic legitimacy

Sarkaria Commission Recommendations

The Sarkaria Commission recommended the following order of preference in a hung Assembly:

1. Pre-poll alliance with majority
2. Single largest party with support
3. Post-poll coalition with majority
4. Post-electoral alliance

However, these recommendations remain conventions and lack legal enforceability.

Punchhi Commission Recommendations

The Punchhi Commission emphasized:

• Restricting discretionary powers
• Ensuring neutrality of Governors
• Conducting early floor tests
• Strengthening constitutional conventions

Measures Needed to Avoid Constitutional Crisis

1. Codify the Order of Preference

The recommendations of the Sarkaria and Punchhi Commissions should receive:

• Constitutional backing
• Statutory recognition

The Justice Kurian Joseph Committee suggested:

• Adding a new constitutional schedule
• Clearly defining discretionary powers

This would:

• Reduce ambiguity
• Prevent politically motivated decisions
• Ensure uniformity across states

2. Mandatory Floor Test

The Governor should invite a party to form government only if:

• It agrees to prove majority within a fixed timeframe

Suggested timeline:

• 48 hours to 7 days

This ensures:

• Transparency
• Democratic legitimacy
• Prevention of horse-trading

3. Verification of Support Letters

Support letters alone should not be sufficient.

A neutral verification mechanism should include:

• Pro tem Speaker confirmation
• Direct interaction with MLAs
• Independent authentication process

This would prevent:

• Coercion
• Fake claims
• Political manipulation

4. Judicial Guidelines on Governor’s Discretion

The Supreme Court should frame binding guidelines similar to the Bommai framework.

These guidelines should clarify:

• Order of inviting parties
• Time limits
• Mandatory floor tests
• Conditions for dissolution

This would significantly reduce litigation.

5. Ensure Political Neutrality of Governors

The office of Governor must remain:

• Non-partisan
• Constitutionally impartial

Possible reforms include:

• Collegium-based appointment
• Consultation with State governments
• Fixed tenure protections

This would restore public confidence.

6. Statutory Right to Prove Majority

A constitutional amendment may:

• Make floor tests compulsory
• Specify timelines
• Define consequences of failure

This would eliminate uncertainty and recurring constitutional disputes.

Importance for Indian Federalism

The Governor’s conduct directly affects:

• Cooperative federalism
• State autonomy
• Democratic stability
• Constitutional morality

Frequent controversies weaken trust between:

• States and Centre
• Elected governments and constitutional offices

Key Takeaways

• The Governor plays a crucial role in government formation during hung Assemblies.
• Article 164 gives the Governor power to appoint the Chief Minister.
• Lack of codified procedures causes constitutional controversies.
• The Supreme Court supports immediate floor tests.
• Sarkaria and Punchhi Commissions recommended clear order of preference.
• Political neutrality of Governors is essential for federalism.
• Mandatory floor tests and judicial guidelines can reduce constitutional crises.

Conclusion

The recurring controversies surrounding government formation in hung Assemblies highlight the urgent need to reform the Governor’s discretionary powers. Constitutional ambiguity, political interference, and delayed floor tests have repeatedly weakened democratic stability and cooperative federalism in India.

Codifying conventions, mandating immediate floor tests, verifying support transparently, and ensuring the political neutrality of Governors can significantly strengthen constitutional governance. India’s parliamentary democracy requires clear institutional safeguards to prevent constitutional crises and uphold the spirit of the Constitution.

FAQs : Governor’s Role in Government Formation

1. What is a hung Assembly?

A hung Assembly is a situation where no political party secures a majority in the Legislative Assembly.

2. Which Article deals with the appointment of the Chief Minister?

Article 164 of the Constitution deals with the appointment of the Chief Minister by the Governor.

3. What is the role of the Governor in government formation?

The Governor invites a party or coalition to form the government and appoints the Chief Minister.

4. What did the Sarkaria Commission recommend?

It recommended a clear order of preference for inviting parties in a hung Assembly.

5. Why is a floor test important?

A floor test determines whether the government has majority support in the Legislative Assembly.

6. What is the significance of the S. R. Bommai judgment?

The judgment established that majority must be tested on the Assembly floor and strengthened federalism.

7. Why are Governors often criticised?

Governors are criticised for allegedly acting in favour of the Union government and misusing discretionary powers.

8. How can constitutional crises be prevented?

Through:

• Codified rules
• Mandatory floor tests
• Judicial guidelines
• Neutral verification mechanisms
• Depoliticised Governor appointments

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The Source’s Authority and Ownership of the Article is Claimed By THE STUDY IAS BY MANIKANT SINGH