Constitutional Principles of Government Formation in a Hung Assembly: The Role of the Governor

Navigating a Hung Assembly: Constitutional Framework and Judicial Precedents

In the wake of the fractured mandate in the 2026 Tamil Nadu elections, the constitutional process for government formation has come under intense scrutiny. The Supreme Court of India has established that a Governor’s primary duty is to ensure the formation of a stable government to avoid the breakdown of constitutional machinery and the subsequent imposition of President’s Rule (Article 356).

Order of Preference for Government Formation

Based on the recommendations of the Sarkaria Commission and the landmark S.R. Bommai v. Union of India judgment, the Governor should follow a specific order of preference:

• Pre-poll Alliance: The group formed before the election with the largest number of seats.


• Single Largest Party: If it can demonstrate majority support through outside assistance.


• Post-poll Coalition: A new alliance formed after the results to reach the majority mark.

Key Legal Landmarks:

• S.R. Bommai Case (1994): A nine-judge bench ruled that the floor of the Assembly is the only place to test a majority, not the Governor’s subjective opinion.


• Rameshwar Prasad Case (2006): The Court warned against the partisan misuse of power by Governors to favor the ruling party at the Centre.


• Reasonable Time: While the Constitution does not define 'reasonable time,' the Governor must allow sufficient time for parties to explore alternatives without encouraging unethical defections.

For TNPSC and Polity aspirants, understanding these judicial safeguards is crucial for the 'Indian Constitution' and 'State Executive' modules.