The warning comes amid high-voltage political negotiations following the Tamil Nadu Assembly election results, in which Vijay’s Tamilaga Vettri Kazhagam emerged as the single-largest party in its electoral debut with 108 seats. The party has maintained that it possesses the moral and democratic right to be invited first to form the government.
However, R. V. Arlekar has not invited Vijay to stake claim, citing the absence of a clear majority in the 234-member Assembly. According to reports, Vijay has submitted proof of support from 113 legislators, including five members from the Congress party, but the Governor has insisted that the TVK must demonstrate support of at least 118 legislators before being considered for government formation.
Vijay has reportedly assured that his party is prepared to prove its majority on the floor of the Assembly through a confidence vote. The Governor’s refusal to accept the claim without prior numerical certainty has now triggered a wider constitutional and legal debate.
Several constitutional experts have questioned the Governor’s stand by referring to the landmark S. R. Bommai vs Union of India judgment, in which the Supreme Court held that the floor of the Assembly is the only legitimate forum for testing majority, not the subjective assessment of the Governor.
The escalating confrontation has also raised questions over the possible political consequences if all 108 TVK legislators resign from the Assembly.
Senior Advocate Sidharth Luthra stated that if TVK, despite being the single-largest party, fails to form the government, a coalition arrangement between the AIADMK and the DMK could emerge as an alternative governing formation.
Legal experts also explained that if the resignations of all TVK legislators are accepted, the Assembly seats held by the party would immediately become vacant, creating one of the largest electoral vacancies in the state’s political history.
Senior Advocate Rakesh Dwivedi said elections would then have to be conducted for all 108 vacant Assembly constituencies. Sidharth Luthra also agreed that by-elections would become necessary once the resignations formally take effect.
Rakesh Dwivedi further stated that unless the DMK and the AIADMK succeed in forming a government through a coalition arrangement, the Assembly could eventually be dissolved, paving the way for fresh elections across the state.
Constitutional convention in previous hung Assembly situations has generally favoured inviting the leader of the single-largest party or an alliance capable of demonstrating majority support. If no political formation succeeds in proving majority within the prescribed period and no coalition stakes claim, the Governor may dissolve the Assembly and recommend fresh elections as the final constitutional option.
During such a scenario, President’s Rule could also be imposed in Tamil Nadu until an elected government is restored.
The unfolding political confrontation has now evolved into a major constitutional test involving gubernatorial discretion, legislative majority, coalition arithmetic, and judicial principles governing parliamentary democracy. With the possibility of mass resignations, large-scale by-elections, or even dissolution of the Assembly, Tamil Nadu faces one of its most volatile post-election political situations in recent years.
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