"Governor Had NO Right to Delay" — Constitution Expert Exposes Tamil Nadu Political Crisis I TRH I

Added: 2026-05-09

[00:00:00]Tamil Nadu politics remains fluid. VCK chief is supposed to hold a press conference soon and announce his decision.

[00:00:08]We are going to discuss the role of the governor, Rajendra Lekker, in not inviting so far TVK's Vijay to form the government in Tamil Nadu. We are joined by constitutional [snorts] expert Mr. R.

[00:00:21]Narayanan. Mr. Narayanan, thank you so much for joining us. Thank you, Mr. Manisha. Let's begin with the question.

[00:00:28]Does Vijay need 118 to be invited for the swearing-in ceremony?

[00:00:37]Yes.

[00:00:39]You know, the See, as I remember, we have discussed also.

[00:00:48]You know, the governor is to ensure stability. Nowhere it is stated that in the Constitution, the majority has not been defined anywhere.

[00:00:59]Nowhere in the out of 395 articles, nowhere the majority has been defined.

[00:01:05]366 gives you all definitions.

[00:01:09]Even high court defined. Even schedule caste defined. Even schedule tribe defined. But not majority.

[00:01:16]Majority specific cases majority has been defined. For instance, constitutional amendment.

[00:01:22]For instance, removal of judges. For instance, impeachment of president. In these cases, they have defined what is what majority it should be passed.

[00:01:33]Whereas in other cases, it is only default.

[00:01:36]What is the default provision? Article 100. 100 of the Constitution says, all transactions in Parliament applicable equally applicable so far to applicable to assembly also.

[00:01:48]All transactions in the Parliament or assembly should be decided by the majority of the members present and voting. That's all.

[00:01:58]Present and voting.

[00:02:00]It means nowhere it is stated it is absolute majority 118 234 divided by 2 + 1. All these things are not at all mentioned in the constitution.

[00:02:12]Then the floor test indicates that it is the only place where it indicates that the government in position has the majority.

[00:02:26]Whose responsibility is it is the responsibility of the governor to satisfy himself. It is a personal satisfaction.

[00:02:34]Ramesh Bhandari case I agree.

[00:02:36]Rajiv Gandhi case it would have come Rajiv Gandhi himself so magnanimously background I say I don't want to form the government we are people have mandated that we should sit in opposition and he did not opt for the government at all such a magnanimous man.

[00:02:51]But here it is for the governor. It is like with the due regards.

[00:02:55]It is like BML PMLA prevention of money laundering act bail provision.

[00:03:01]If your bail is to be granted in PMLA accused the court should satisfy two things.

[00:03:09]Number one the court should hear the public prosecutor.

[00:03:13]Second one the court should satisfy that the fellow after release should not indulge in these activities and he should not escape.

[00:03:22]Which judge will agree? No judge will say. Similar position is the governor.

[00:03:28]If the governor uses the discretion putting Vijay if he is not able to show the majority 100% he will show the majority that Mr. The governor should understand. DMK said we are not interested.

[00:03:44]ADMK has not taken a claim so far.

[00:03:47]By default provision he should invite.

[00:03:50]But let us imagine.

[00:03:53]in May, Mr. Vijay has been invited. He is forming the government. Floor test is there.

[00:03:59]No sane opposition.

[00:04:02]Nobody, I mean, it is beyond our imagination, DMK or ADMK will vote against Vijay on the first day. Nothing.

[00:04:12]No Nobody No prudent fellow will vote against Mr. Vijay on the time of water list What is floor test?

[00:04:22]What does it indicate? Maximum, they will abstain from voting.

[00:04:26]Let us imagine a situation. Let us say 234.

[00:04:30]Both the group has I mean, abstained.

[00:04:34]The rest of the people are less than 118.

[00:04:37]Does it mean the government will not agree? No, he has to agree.

[00:04:41]Because nowhere it is stated that that it is a no-confidence motion. If they want to vote to Vijay, all the people other than the uh the Vijay uh MLAs should join together. Remember, Mr. Narasimha Rao managed it.

[00:04:57]This past 5 years.

[00:05:00]It is nowhere it state it stated it is members sitting and voting. That's all.

[00:05:04]Members present and voting.

[00:05:06]So, if the members are present and voting is more than the double, very simple example. Let us say only 200 members present.

[00:05:14]Rest of the member did not come. Even 200, let us say that 100 100 people abstain from voting.

[00:05:21]Only 100 of them supported for Vijay.

[00:05:23]Does it mean he he will be thrown out?

[00:05:25]No, he has to continue.

[00:05:28]So, the only snag here is the satisfaction of the governor.

[00:05:34]You cannot compel the Even with the due regards, I'm not an expert again. Even Supreme Court will be hesitant to ask governor, you invite This is as I told you, this is like a PMLI case. Even Supreme Court is hesitant to ask governor, "Will you please invite Vijay?" So, it is 100% but remember, you have to see the default provision.

[00:05:59]Default number one is Karunanidhi, what is known as Stalin has said, "We are not interested to form the government. We will prefer to sit in opposition."

[00:06:09]And ADMK has not staked the claim so far. So, obviously, the by default, Vijay is the only choice. So, the governor with this default default provision should give an opportunity to Vijay after so many days.

[00:06:26]And the assembly has been constituted.

[00:06:28]The now only option is they will what is known as the impulse president president rule means indirectly BJP rule. They will become more notorious.

[00:06:38]Tamil See, you will not You should not forget the people are the most important factor in a democracy. All people will watching it. All are watching. They are the best democracy the best prices vigilance.

[00:06:52]People are watching it. You should not forget that.

[00:06:56]Uh Mr. Narayanan, let's come back again to the question, does Mr. Vijay require 118 MLAs to be invited to be sworn in as the Chief Minister of Tamil Nadu?

[00:07:07]Uh what about PV Narasimha Rao government? Did he have the majority in the Lok Sabha?

[00:07:14]Does uh India Indian politics give us instances where minority governments have been run successfully?

[00:07:23]Yes, Mr. Narasimha Rao managed for 5 years.

[00:07:27]What will happen is all people presenting and voting against the government is not possible. That's not there.

[00:07:35]Here also, you see, remember, the what are the ways to defeat a government? The only reason number one, you take up a governor's thanks motion. You defeat it.

[00:07:46]You cannot say that the government will defeated for all these things. The governor that the person I mean the government's government can be dismissed only when the they failed in governor's thanks motion, number one.

[00:08:02]Number two, no confidence motion passed.

[00:08:05]Number three, confidence motion failed.

[00:08:09]Number four, policy cut motion.

[00:08:11]Number five, adjournment motion. Only these motions are the deciding factors whether the government will survive or not. No other matter. Suppose an ordinary bill is introduced and it is failed.

[00:08:24]I mean the constitution amendment bill is a I mean introduced it is failed. For instance, let's say this recent delimitation. That does not warrant dismissal or removal or resignation of the sitting government. The Supreme Court categorically said only four. One is governor thanks motion. Number two, no confidence motion. Number three, confidence motion. Number four, policy cut motion.

[00:08:51]That's all. No other thing.

[00:08:53]These are all the important factors. So, in these things see the governor the Narasimha had the fortune of opposition not uniting.

[00:09:04]Had the fortune of opposition members not united. Here also, you know, you can Yes, the governor he cannot take a chance the abstained the member will not come.

[00:09:15]Kindly Kindly appreciate my point of view.

[00:09:18]Governor cannot take a chance that abstained the people. Let us say this 118 they Once he has invited, after that he can maintain with that what is known as minimum support. Member sitting and voting. But invitation, he has to follow what is known as floor test.

[00:09:39]Floor test it is absolute majority is essential to satisfy the government, it's not to satisfy the constitution.

[00:09:46]Remember, because governor is responsible for the stability. He has to satisfy that the person whom he invites has the majority in the house. That is constitutional requirement. Yeah. I cannot say constitutional requirement.

[00:10:00]That is the representative of the central government representative. I mean uh required.

[00:10:07]So, true. It is totally a discretion of Tamil Nadu governor when he decides to invite the next Chief Minister of Tamil Nadu to take oath.

[00:10:17]Uh but Mr. Narayanan, we we have seen several cases in the past uh where uh government formation in the state has been controversial and contentious and many of them have gone to judiciary including the Supreme Court. And [snorts] several judgments have come. Bombay judgment is there.

[00:10:35]Sarkaria Commission report is there.

[00:10:37]>> Ramesh Bhandari Ramesh Bhandari is there. Why have we not been able to codify the procedure for government formation in a state yet?

[00:10:50]No, that is see because that one particular sentence, the governor is to satisfy the stability. That is important. Accountability, okay.

[00:10:59]Stability is to be confirmed. That responsibility has been given to the governor. So, governor uses his discretion indiscreetly in many places.

[00:11:09]Many Ramesh Bhandari case that if that CM was there only for one day.

[00:11:13]He was Jagadish I think Mr. Pal Jagadish Shettar Uh he was there only for one day. And similarly in Maharashtra, next day it was revived.

[00:11:23]So, it is there. People using or misusing or abusing their discretion.

[00:11:28]But we cannot expect we cannot make a rule that you should invite this particular person unless the person who to whom the responsibility has been given is satisfied. That is my Mr. There is There is one more thing.

[00:11:43]Having said that, I repeat that this is too long a period. Number one, Mr. Stalin has already said he is not interested to form the government.

[00:11:54]Number two, ADMK has not staked any claim. So, if you remove these two people, there is no majority for for them.

[00:12:04]Obviously, the governor should because governor is not simply sitting in AC and he should watch the mind of the people.

[00:12:11]He should watch the position political situation. He should act. That is more important. So, when the both the people who are the stakeholders have backed out, it is in all fitness of things you should give a chance to Mr. uh what is known as Vijay. That is my That That That brings me to uh the question.

[00:12:31]Doesn't uh the Tamil Nadu governor uh sitting idle? He is not acting uh as he should be required to act because he's just waiting. And when the facts uh evidently are that as you have stated also that uh DMK has already indicated that it wants to sit in opposition. It has issued a letter. The former uh chief minister has issued a letter. AIADMK is creating a kind of a doubt. What does it want? Still not staking claims. But MLAs are moving are being moved around.

[00:13:09]So, uh the Tamil Nadu governor by not acting uh in in one way or the other way, is he not indicating a kind of a horse trading or He's encouraging. Yes. He's encouraging.

[00:13:22]That is the That is the result.

[00:13:24]So, if you keep silent, then the people will think frustrated people will think why to we will join some other party or we will make horse trading. There it is in a premium for the horse trading. I fully agree with you.

[00:13:38]So, the horse trading probability is very high. I think it it should be settled now. The only option is they will impose president or president rule means six months.

[00:13:49]Six months then unless the session it was a I mean it is a simple majority they can easily get through.

[00:13:56]There is no problem especially in the present circumstances six months.

[00:14:00]>> We We have situation will be further cooling. But remember, ultimately it is the people It is the people's mandate. You should not forget.

[00:14:09]So, you are going against the spirit of the democracy.

[00:14:13]That is the true. So, evidently the Tamil Nadu governor is appears to be going against the spirit of the mandate of the people.

[00:14:20]>> is a nothing defined in the constitution. That is one problem.

[00:14:24]The majority no confidence motion does not require any absolute majority.

[00:14:30]Up to what All things are settled by the members present on voting under article 110. Sorry, 100. 101 says quorum.

[00:14:40]Subject to quorum, the members present and voting divided by 2 + 1. Suppose there are only 50 Say 50 quorum is 10%.

[00:14:52]Let us say 23 by 23 quorum.

[00:14:55]After After satisfying the quorum, number of members present divided by 2 + 1. This is required for defeating a no confidence motion. This is required for confidence vote. Nothing more, nothing less. Quorum is not the responsibility of the speaker. It is the responsibility of the opposition. Speaker cannot count the member and say no no no quorum. If there is no quorum, it is for the opposition to point out that there is no quorum. Then the members should be asked to join the house. That is the procedure. So in that case and all our bills, money bill, financial bill or any bill which is a creation of the state, abolition of the state, all bills are passed through only by simple majority.

[00:15:34]Even the outside parliament, outside assembly, we say that bill has been passed unanimously as if giving the impression that the bill has been passed by all the 234 members. Actually, it was passed through only by remember, subject to quorum, number of members present divided by two plus one. If there are 60 members, then only 31 members have passed the law.

[00:15:56]Remember.

[00:15:57]So but what is the required the constitutional amendment? Special majority.

[00:16:02]Removal of judges of Supreme Court and High Court, CAG, CEC, special majority.

[00:16:07]But and removal impeachment of president, super special majority. That has been given in the constitution.

[00:16:14]But no confidence motion and confidence motion has not been given.

[00:16:18]So that is the but it is the satisfaction of the governor. That is the problem. He is As you know, especially when the center is ruled by different parties, state is ruled There is no double engine government, so-called double engine government. So all these frictions will happen. This happened in Congress rule also. This happens in BJP rule also.

[00:16:39]Nobody is magnanimous and as I I told you, Rajiv Gandhi himself said, "No, no, we are not interested." On the first day he said, "People have voted us for sitting in opposition. We are sitting in opposition."

[00:16:51]Such a magnanimous opposition leaders are not available here. They should have themselves With the due regards, I do not know much about the parties. The ADMK party, Edappadi Palaniswami or Stalin, they should have insisted governor, "You invite Ravi J."

[00:17:09]Because you become unpopular because of your hesitation. People are watching you. It is not the democracy, it is not the only political leaders. People are watching you. You should not forget that point.

[00:17:23]True. Mr. Narayanan, the politics of Tamil Nadu is fluid and probably the mandate also give Narayanan I'm taking you back to Jammu and Kashmir where BJP won big in Jammu region and PDP had won big in Kashmir region. Uh still no government was formed and president rule was imposed and after certain gap of a few months, the PDP and the BJP came together to form a government. So that was a time gap which spurred a political realignment after the election.

[00:18:03]Yes.

[00:18:04]So you do you do you think that that sort of a possibility can happen in Tamil Nadu also?

[00:18:13]Tamil Nadu also it can happen but it is a subversion of people's will.

[00:18:17]Yes.

[00:18:18]>> Suppose let us imagine tomorrow ADMK and Vijay joined or tomorrow DMK and Vijay joined.

[00:18:26]That you know the here the thing is whether I like Vijay or do not like that's not the question.

[00:18:32]People have become mature. First thing the election has proved money has no value. I personally know about Tamil Nadu.

[00:18:40]Every election crores of money is spent by the political parties. Now it has been proved beyond doubt you spend anything, it is for the youth to decide.

[00:18:51]So that is a very good it is like is that the revolt in Bangladesh and Pakistan and other places. So this is a very good turning point. The people the leadership to remember this. So the people's wrath will be very difficult to manage. No fool will undertake such exercise. They will invite Let us not imagine. I think goodwill wisdom will provide on the governor and he will definitely invite or if it if he is hesitant, the central government should insist the governor that you should he should invite.

[00:19:29]But the problem here is if it is a governor's reluctance, you cannot completely say wrong.

[00:19:36]Because you know it is a fluid situation. They the tomorrow they may come and they align with DMK may align with ADMK. It can have both are Dravidian parties.

[00:19:47]Both are Dravidian parties. So they can align. There is no difference in ideology. What is the difference? So nothing is there. So they can align. In fact, there are chorus in both the political parties should Dravidian parties should come together. That is So they can that fear may be there in the governor or that should be wiped out by the both the political parties. After all, what did they See, I according to my reading, you are giving a chance to Vijay. It is very difficult for him to manage.

[00:20:18]So let us see. You give him an opportunity. He's a young person. Youth you are giving powers to the youth. What is the harm in it? Why do you make impediment for this?

[00:20:30]That is my >> Mr. Narayanan, Mr. Narayanan, let's examine the role of the governor one more time.

[00:20:37]Huh. Uh in such a fluid situation, in the past we have seen that the governor governors take advices of legal luminaries. But here we think we are here we see only Vijay reaching out to the governor and the governor is basically issuing out a few statements. He is not being seen taking consultations or advices from the legal experts or the constitutional experts. He is I'm bidding his time.

[00:21:07]No, no. I mean cannot say that he has advocate general.

[00:21:11]You could he should have he is having an advocate general brilliant person.

[00:21:15]No, he will take. We cannot conclude that he because it is not coming publicly. That's all.

[00:21:21]No, no. It is a he is a very responsible position. He would have taken but that pressure exerted by the masters.

[00:21:29]Quote.

[00:21:31]The pressure exerted by the masters maybe more.

[00:21:35]Maybe more.

[00:21:37]I saw it is here the responsibility comes to the central government. They should advise if they constitutional morality should be maintained.

[00:21:46]Constitutional morality is more important. Constitutionalism is more con- tomorrow the government fell today next day tomorrow some other government comes. But government is a continuous body. The constitutional morality should be maintained. What is given in the constitution? That should be maintained.

[00:22:05]So, you have given adequate opportunity that time period to Karunanidhi Stalin. You have given time period to what is called as Edappadi Palaniswami.

[00:22:16]Both of them have not claiming to form the government. Obviously, the person who is claiming the government definitely he has the majority. He should be invited.

[00:22:27]He should be invited. On the floor test you see the floor test I again repeat.

[00:22:32]I again repeat beyond it is beyond any comprehension.

[00:22:37]Unimaginable that the DMK will vote against Vijay.

[00:22:41]Unimaginable ADMK will vote against Vijay on the first sitting floor test.

[00:22:47]Definitely, maximum you mark my word.

[00:22:49]Both of them will back up. Will say we are abstaining from voting.

[00:22:54]So, definitely Vijay will become the Chief Minister. His government will go.

[00:22:57]But only impediment is still he is warning.

[00:23:01]That is in the hands of the government.

[00:23:04]Mr. Narayanan, Amartya Sen wrote a book Argumentative Indians and we Indians are very argumentative and people of Tamil Nadu are debating the office of the governor itself.

[00:23:18]And some people are saying that the government spends 900 crores rupees in maintaining Raj Bhavan across the country and what exactly is the relevance of the Raj Bhavan which is as per their views is basically a British era relic. What is the importance of having a Raj Bhavan or a governor? What role does he have?

[00:23:40]Uh uh Mr. Manish Sub, I I I with humble words I disagree from you.

[00:23:49]Because you cannot completely read out the necessity of the government.

[00:23:55]Kindly remember with the due regards India has been ruled after 700 AD, after Harshavardhana.

[00:24:04]India has had been ruled by all people.

[00:24:08]Ghilji Ghazni Slave Dynasty Mughal Dynasty Kushan Dynas- Dynasty and everybody has ruled except with due regards prostitutes.

[00:24:20]Everybody has ruled India.

[00:24:22]And when India got independent at the time of you know 15th August 1947, we had 552 native states. All are overnight they become independent.

[00:24:33]Because of Sardar Patel, because of V.P.

[00:24:35]Menon, all have been combined together, we made a unified India.

[00:24:40]Because in the if you look at and we are only infant democracy. You cannot compare with the UK because 1215 AD King John and you cannot compare with the USA 1776, that is the USA. We are only 75 years old, 75 years young. So in these circumstances, anything can happen with the states. You cannot rely on the state.

[00:25:03]You cannot rely on the I am fully for independent for the state, but we have not matured enough. You see, suppose your son is studying, will he seek admission in IIT or is local college in Tamil Nadu?

[00:25:19]If you are studying in medical, you will seek admission in AIMS or some other.

[00:25:24]Suppose somebody got fever, but you are not well, you will go to government state government hospital or you will go to JIPMER.

[00:25:31]Our you know, state governments must let this much is said better.

[00:25:36]Their position is very bad. You cannot rely on this. I fully agree. That is why diplomatically Ambedkar has said India, that is Bharat, is union of states. Nowhere is it stated that it's federation.

[00:25:50]It is union of states.

[00:25:52]And it is not it is holding together. It is not coming together. No state has a ready to come to us. They have been compelled. They have been instrument of accession. Every state except the three states, all other states, they we compelled and signed them. You see the what the Patel just remove Mr. Patel, the India would have been 500 62 separate countries. So, I will not agree. There should be some person who is watching the activities of the state.

[00:26:24]I may be very state oriented, independent state, etc., etc. But if you want united India, there is no alternate.

[00:26:33]Mr. Narayanan, my last question to you here on this discussion.

[00:26:38]What advice would you like to give to Mr. Vijay?

[00:26:44]See, I am I am nobody to give advice.

[00:26:47]Uh He should I have these these are all extreme steps. Some I saw it from the news item that he is going He said he will resign. That is all You could not encash the people's anger.

[00:27:00]That is all undemocratic and not under democratic. It is non-democratic. It is not correct.

[00:27:06]You should, you know, why you should be give the conclusion. I will advise Vijay you wait. People will He has not spoken so far anything. That's a very good quality.

[00:27:16]If in his place somebody else is there, he would have spoiled his own case. He has not spoken anybody. He should not utter a single word even against Modi or even against You don't know the political Politics is a strange circumstances, you know. They It make strange bedfellows next today. Tomorrow you may join Congress and tomorrow you may go away from Congress. Politics is such a situation. So, keep aloof and strengthen go to the people.

[00:27:46]Meet the people. They are the real strength. If not today, tomorrow. You meet the people. Entertain the people.

[00:27:52]Don't antagonize anybody. Meet the people. There is no power more powerful than the people's power in a democracy.

[00:28:00]in a democracy.

[00:28:01]So, who thought that Have you ever thought that Vijay will come a person who started the political party 2 years before will be up for Chief Ministership? I have never thought. I expected about 26, 24 seats. I never thought. Nobody has thought.

[00:28:17]But why? People are against This is a negative vote.

[00:28:22]Negative vote.

[00:28:24]People are so, you know, disgusted with ADMK, disgusted with DMK for various reasons. I won't blame them.

[00:28:32]Anti-incumbency or whatever that charisma is there for the political leaders. Karunanidhi's charisma is there for solid or Jayalalithaa's charisma is not there for Edappadi Palaniswami.

[00:28:45]There are various recent attributes. But the fact remains the are with Vijay and governor should respect the people's mandate and having waited so so far, you should magnanimously invite Vijay to form the government. For the Vijay, I would advise keep quiet, don't pass unnecessary comments and ask your workers to maintain peace and tranquility and the time will come and only your only strength is people. It was our power for you. It is the power now. It will be the power for you.

[00:29:20]So, that is a very sane advice by Mr. Narayanan that Mr. Vijay should be patient. Perseverance is very important in politics and the time will heal the fluid politics of Tamil Nadu on its own and we hope for the best things to come. Thank you so much, Mr. Narayanan for talking to us. Thank you. Thank you, Manish.

[00:29:42]Thank you.