The political churn in Tamil Nadu intensified on Thursday as actor-turned-politician Vijay met governor Rajendra Arlekar for a second time in two days even as Lok Bhavan defended its decision not to invite the Tamilaga Vettri Kazhagam (TVK) to form the government, saying it had not proven it commanded a majority.
The governor is usually allowed discretion in matters of government formation and the judiciary mentions that he must conduct a “prima facie” assessment of majority. However, Lok Bhavan’s delay over this grey zone stoked further confusion. Every party in the state corralled lawmakers and sought to project unity even as no signs emerged of a break in the deadlock three days after assembly election results were announced. Follow live updates on Tamil Nadu government formation here.
After meeting Arlekar for the first time on Wednesday, Vijay again went to Lok Bhavan on Thursday but could not secure an invitation. In addition to the TVK’s 108 seats, Vijay has the support of five Congress legislators.
“During the meeting, the Hon’ble governor explained that the requisite majority support in the Tamil Nadu legislative assembly, essential for forming the government, has not been established,” the governor’s office said.
{{/usCountry}}“During the meeting, the Hon’ble governor explained that the requisite majority support in the Tamil Nadu legislative assembly, essential for forming the government, has not been established,” the governor’s office said.
{{/usCountry}}The governor’s action has created a flux in Tamil Nadu. The Viduthalai Chiruthaigal Katchi (VCK), Communist Party of India (CPI), and Communist Party of India (Marxist) – all of whom have two seats each – will decide their stance on Friday. The Dravida Munnetra Kazhagam, which has 59 seats, released a statement after a meeting of lawmakers on Thursday and empowered former chief minister MK Stalin to take any decision.
“While Tamil Nadu is not ready for another election, our primary objective is to establish a stable government in Tamil Nadu. At the same time, we are also forced to consider the need to not give space to communal forces that would undermine the policies of the Dravidian movement. This meeting unanimously decides to give MK Stalin the power to immediately take urgent decisions,” the party resolution said.
Where to parties stand on backing TVK?
The All India Anna Dravida Munnetra Kazhagam (DMK), which has 47 lawmakers, appeared to be caught in two minds, with some legislators favouring a tie-up with the TVK and others opposed to it. On Thursday, party chief E Palaniswami travelled to a beach resort in Puducherry wherenearly 40 party lawmakers are cloistered, to hold discussions. The legislators at the RKN Beach Resort are reportedly in favour of backing TVK’s Vijay.
According to news agency PTI, Palaniswami asked the MLAs-elect to remain united and be patient. “Good things will emerge and hence you should all remain united and patient in the resort in the next couple of days,” EPS told the MLAs, according to people aware of the matter.
Vijay’s rookie outfit shattered a 50-year-old Dravidian duopoly to emerge as the single-largest party in assembly elections earlier this week, winning 108 seats, 10 short of a simple majority in the 234-member House. He has the support of the Congress’s five lawmakers but is yet to secure explicit backing from any other party. Vijay contested from two seats and won both. The 51-year-old must resign from one seat within 14 days of the election result being notified.
On Thursday, the TVK again sought support from smaller constituents of the DMK-led Secular Progressive Alliance (SPA)—namely the VCK, CPI, CPI (M) and Indian Union Muslim League (IUML)—said TVK leader Nirmal Kumar.
The VCK and Left parties said they will decide their stance on Friday.
“We will decide later. We will convene a meeting of our high-level committee tomorrow evening. We are currently awaiting the decision of the Left parties. Because we have been working with the Left parties for the past ten years, we resolved to arrive at a decision jointly. That is why we are awaiting their decision,” VCK chief Thol Thirumavalavan said.
Communist Party of India (Marxist) general secretary MA Baby said that it will work in tandem with CPI and VCK to stop the BJP from grabbing power in Tamil Nadu. Both Left parties have called a meeting of their respective state committees on Friday. “We are not leaving the DMK alliance. Whatever we do, the CPI(M) will act jointly with CPI and VCK,” Baby said. IUML has already refused to part ways with the DMK.
Both the VCK and the Left urged the governor to invite Vijay. “Now, the BJP, or Amit Shah and Modi, are interfering in Tamil Nadu politics and creating confusion. TVK has been chosen as the single largest party by the people. Therefore, he should be allowed to take office,” Thirumavalavan told reporters.
What the drill when majority fails?
In India, governors usually call the single-largest party to form the government if no single party or pre-poll alliance crosses the halfway mark, as happened in Maharashtra in 2019. However, there is no law for such scenarios and the Constitution leaves it to the governor’s discretion. Supreme Court judgments also leave the area in a grey zone, saying the governor has to conduct a “prima facie” assessment of majority but the landmark SR Bommai verdict says a test of majority can only be conducted on the floor of the House.
“Tamil Nadu governors are agents of the BJP. They maul the Constitution to serve the BJP’s interests. Call Vijay, leader of the single largest party, swear him in as chief minister, let him prove his majority on the floor of the house. No post-poll alliance is in majority. Sarkaria Commission. Settled law. But who listens,” said independent Rajya Sabha MP Kapil Sibal on X.
Former attorney general Mukul Rohatgi said, “Unconstitutional to not swear in Vijay; Governor decision not in line with the spirit of the law.”
DMK spokesperson Saravanan Annadurai wondered why the TVK hadn’t spoken out on the delay. “What is really baffling is why TVK is not questioning the actions of the governor, if they think his actions are circumspect,” he said.
“Why no questions against the BJP who controls the governor? Is this a sign of lack of courage? Everyone else is questioning the governor,” he added.
The DMK also criticised the Congress for leaving a two-decade-old alliance to back the TVK. “The Congress party has committed a great betrayal by stabbing our party leader in the back…what the BJP is doing in many states, the Congress party has done to us in Tamil Nadu,” the party said on X.
BJP spokesperson Narayanan Thirupathy said everything will happen in a democratic way and underlined that no party had a clear mandate.