Harish Salve: 'No Automatic Right to Form Government' in Tamil Nadu

Former Solicitor General Harish Salve defended the Tamil Nadu Governor, stating that the Constitution does not grant an automatic right to form a government, and the Governor's actions were not unconstitutional.

Thu May 07 2026

Tamil Nadu Government Formation Crisis

In the ongoing controversy surrounding government formation in Tamil Nadu, India, former Solicitor General Harish Salve stated in an interview with NDTV that the Tamil Nadu Governor's actions were "not unconstitutional." He emphasized that the Governor's request for clear evidence of majority support falls within his discretionary powers. Salve explained that forming a government requires a party that enjoys the confidence of the legislature, and being the single largest party does not automatically grant the right to govern.

Defense of Governor's Discretion

Salve asserted that the Governor's actions of requesting an updated list of MLAs and their signatures are appropriate and that the Indian Constitution, specifically Article 164(1), grants the Governor discretion in appointing the Chief Minister. Furthermore, he noted that Article 361 provides the Governor's actions with constitutional immunity. This implies that the Governor can demand more certainty beyond mere declarations from a political party.

*Source: YouTube: NDTV (2026-05-07)*

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