Second plea filed in SC against T.N. Governor
The case directly engages Articles 163 and 164 of the Constitution concerning the Governor's role and discretion in inviting parties to form the government. Supreme Court intervention in Governor-state relations has been a significant jurisprudential trend. This is relevant for both Prelims (constitutional provisions) and Mains GS II (federalism, role of Governor, constitutional bodies).
Key facts
- A second plea has been filed in the Supreme Court challenging the Tamil Nadu Governor's refusal to invite TVK party to form the government.
- The plea contends the Governor's decision was arbitrary and unconstitutional.
- The case concerns the Governor's discretionary power under Articles 163 and 164 of the Constitution.
- TVK (Tamilaga Vettri Kazhagam) is a political party in Tamil Nadu whose claim to government formation was denied by the Governor.
- The Supreme Court has previously intervened in similar Governor-related disputes in states like Punjab, Kerala, and Telangana.
A second plea has been filed in the Supreme Court against the Tamil Nadu Governor’s decision to deny the claim of the TVK party to form the government. The plea argues that the Governor’s decision was arbitrary and unconstitutional.
Concepts to know
Provides for a Council of Ministers to aid and advise the Governor, except in matters where the Governor exercises discretion. The scope of this discretion has been a subject of significant judicial interpretation.
Deals with the appointment of the Chief Minister and other ministers by the Governor. The Governor appoints the CM, and the CM advises on the appointment of other ministers; the Council is collectively responsible to the Legislative Assembly.
Provides immunity to the President and Governors from court proceedings for acts done in exercise of their powers, though judicial review of the decision itself is permissible.
Certain powers the Governor exercises without ministerial advice, such as inviting a party to form government in a hung assembly. These are subject to constitutional limits and judicial review as established by various Supreme Court rulings.
A commission set up to examine Centre-State relations; it recommended that the Governor should invite the leader with the best claim to majority support and must act as a constitutional head, not as an agent of the Centre.
A landmark Supreme Court judgment (2006) that held that the Governor's report recommending President's Rule can be judicially reviewed and that the Governor cannot act in an arbitrary or partisan manner.
Linked previous-year questions
The UPSC questions this story connects to.
Consider the following statements: 1. The Constitution of India explicitly mentions that in certain spheres the Governor of a State acts in his/her own discretion. 2. The President of India can, of his/her own, reserve a bill passed by a State Legislature for his/her consideration without it being forwarded by the Governor of the State concerned. Which of the statements given above is/are correct? (a) I only (b) II only (c) Both I and II (d) Neither I nor II
- a.I only ✓
- b.II only
- c.Both I and II
- d.Neither I nor II
Polity · UPSC 2025With reference to anti-defection law in India, consider the following statements: 1. The law specifies that a nominated legislator cannot join any political party within six months of being appointed to the House. 2. The law does not provide any timeframe within which the presiding officer has to decide a defection case. Which of the statements given above is/are correct? (a) 1 only (b) 2 only (c) Both 1 and 2 (d) Neither 1 nor 2
- a.1 only
- b.2 only ✓
- c.Both 1 and 2
- d.Neither 1 nor 2
Polity · UPSC 2022Consider the following statements: 1. According to the Constitution of India a person who is eligible to vote can be made a minister in a State for six months even if he/she is not a member of the Legislature of that State. 2. According to the Representation of People Act, 1951, a person convicted of a criminal offence and sentenced to imprisonment for five years is permanently disqualified from contesting an election even after his release from prison. Which of the statements given above is/are correct? (a) 1 only (b) 2 only (c) Both 1 and 2 (d) Neither 1 nor 2
- a.1 only
- b.2 only
- c.Both 1 and 2
- d.Neither 1 nor 2 ✓
Polity · UPSC 2020With reference to the Indian polity, consider the following statements: 1. The Governor of a State is not answerable to any court for the exercise and performance of the powers and duties of his/her office. 2. No criminal proceedings shall be instituted or continued against the Governor during his/her term of office. 3. Members of a State Legislature are not liable to any proceedings in any court in respect of anything said within the House. Which of the statements given above are correct? (a) I and II only (b) II and III only (c) I and III only (d) I, II and III
- a.I and II only
- b.II and III only
- c.I and III only
- d.I, II and III ✓
Polity · UPSC 2025Consider the following statements: 1. The Governor of Punjab is concurrently the Administrator of Chandigarh. 2. The Governor of Kerala is concurrently the Administrator of Lakshadweep. Which of the above statements is/are correct? (a) 1 only (b) 2 only (c) Both 1 and 2 (d) Neither 1 nor 2
- a.1 only ✓
- b.2 only
- c.Both 1 and 2
- d.Neither 1 nor 2
Polity · UPSC 2009Consider the following statements: 1. In India, there is no law restricting the candidates from contesting in one Lok Sabha election from three constituencies. 2. In the 1991 Lok Sabha Election, Shri Devi Lal contested from three Lok Sabha constituencies. 3. As per the existing rules, if a candidate contests in one Lok Sabha election from many constituencies, his/her party should bear the cost of bye-elections to the constituencies vacated by him/her in the event of him/her winning in all the constituencies. Which of the statements given above is/are correct? (a) 1 only (b) 2 only (c) 1 and 3 (d) 2 and 3
- a.1 only
- b.2 only ✓
- c.1 and 3
- d.2 and 3
Polity · UPSC 2021
Get the full brief — free
Every story syllabus-mapped, the exact NCERT page to revise, a daily MCQ quiz and more — start free, no card needed.
Start free →