Lok Bhavan needs to respect lok’s mandate

On May 4, in Tamil Nadu, in a dramatic verdict that overturned pre-poll predictions, the incumbent Dravida Munnetra Kazhagam (DMK) lost, while Vijay’s Tamilaga Vettri Kazhagam (TVK), in its electoral debut, got overwhelming support. It stopped just short of a simple majority, with no rival party or pre-poll coalition coming close. In the aftermath, both democratic convention and judicial precedent dictate that the single-largest party has the strongest claim to form the government. Yet, Governor R V Arlekar’s stalling, his insistence on a list with signatures of MLAs, kept the doors open for rumour and speculation, and untenable claims. On Friday, armed with the numbers, Vijay met the governor again, and is likely to form the government. The episode, however, is a reminder of the importance, especially after a verdict in which the numbers are not entirely unambiguous, of the governor abiding by the constitution — not just in letter, but also in spirit.

The Constitution says that the chief minister “shall be appointed by the Governor”. But the gubernatorial role in government formation is that of a politically neutral facilitator in the implementation of the mandate. In a hung assembly, the governor exercises discretionary power but that, too, must be circumscribed by the goal of giving effect to the people’s verdict. Governors have often cited the requirement of “subjective satisfaction” before extending an invitation to form the government. For Arlekar, however, and every governor who has been in this situation — Goa’s Governor Mridula Sinha in 2017 and Karnataka’s Governor Vajubhai Vala in 2018 — the irrefutable test is the floor test. For instance, in a midnight hearing in 2018, the Supreme Court heard MLAs of a post-poll coalition led by Congress in Karnataka but refused to stay the swearing-in of a BJP government that was short of the halfway mark by eight MLAs. It is another matter that within 36 hours, the B S Yediyurappa government collapsed after failing to prove its majority. The SC has underlined the primacy of the floor test in several other instances — in Goa in 2017, Uttarakhand in 2016 and Maharashtra in 2019. Even if the government falls, it must do so on the floor of the House. By demanding signatures beforehand, the governor is pre-empting this process, which must unfold in the appropriate forum.

The governor’s actions must be impartial, and they must be seen to be so, too. The verdict cannot be re-shaped or manipulated through post-election manoeuvres in Raj Bhavan. In Chennai, the support of the Left parties and VCK — the Congress had pledged its five earlier — helped Vijay cross the line and avoided what could have been an unseemly deadlock. Still, the Lok Bhavan needs a reminder that it must abide by first principles, place the Lok, the people’s mandate, above all.