
Context:
Following a fractured mandate in the Tamil Nadu Assembly elections, the Governor asked the single-largest party leader to first demonstrate majority support before being sworn in as Chief Minister. The development has revived debates regarding the discretionary powers of the Governor and the constitutional importance of floor tests.
- Article 164 of the Constitution states that the Chief Minister is appointed by the Governor and other ministers are appointed on the advice of the Chief Minister.
- In normal circumstances, the Governor invites the leader of the majority party or coalition to form the government.
- In a hung Assembly, where no party has a clear majority, the Governor exercises discretionary powers in selecting whom to invite first.
- Constitutional conventions generally prefer inviting a pre-poll alliance, then the single-largest party with support, or a post-poll coalition demonstrating majority.
- The Governor may ask the claimant to prove majority through a floor test in the Legislative Assembly.
- The Supreme Court has repeatedly upheld the floor test as the best constitutional method to determine majority support.
- Important judgments include S.R. Bommai case and Shivraj Singh Chouhan vs Speaker, Madhya Pradesh Legislative Assembly relating to majority testing.
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