The results of assembly elections have come in five states, but there is still a situation of constitutional confusion in two of these states. The Governors of Tamil Nadu and West Bengal are currently facing different but serious constitutional challenges. Tamil Nadu Governor Rajendra Arlekar and West Bengal Governor R.N. Ravi, both have to take delicate decisions using their constitutional discretion. The circumstances of these two states are being discussed across the country.
After the results of the assembly elections in Tamil Nadu, no one has got majority and a situation like a hung assembly has been created. Here, actor-turned-politician Vijay Thalapathi’s Tamilag Vetri Kazhagam (TVK) has emerged as the largest party, but it has not been able to get absolute majority i.e. 118 seats. In such a situation, Governor Arlekar has to decide who should be given the first invitation to form the government.
The situation in West Bengal is completely different. Here BJP has got a clear majority, but Mamata Banerjee Did not resign despite losing the election. After this, Governor RN Ravi was forced to dissolve the assembly. But there is still uncertainty regarding the legislative command of the state for the next two days.
Obstacles after ‘victory’ in Tamil Nadu
TVK has got 108 seats this time in the Tamil Nadu Assembly elections. To form the government in the 234-member Tamil Nadu Assembly, support of 118 MLAs is required. Congress has announced to support TVK’s Vijay with 5 MLAs, yet Vijay (108+5=113) is far from the magic figure to form the government.
According to constitutional provisions, the Governor should first give a chance to the coalition or party with a clear majority. Arlekar has sought written support letters from Vijay and said that without proving the support of 118 MLAs, his claim to form the government will not be accepted. In the Supreme Court’s decisions in the SR Bommai case, emphasis has been laid on floor test, but in case of a wrong decision, there is a possibility of the Governor being accused of bias.
Now the debate is taking place on whether the party forming the government should prove its majority in Lok Bhavan or in the Assembly.
TVK has met Governor Rajendra Arlekar twice. Lok Bhavan said in a statement after the meeting, “During the meeting, the Honorable Governor made it clear that the required majority support to form the government in the Tamil Nadu Assembly has not yet been established.”
Meanwhile, political activities have intensified in the state. Now it remains to be seen what TVK Chief Vijay will do next?
Challenge before West Bengal Governor RN Ravi
Only after losing the elections, Mamata Banerjee surprised by announcing that she would not resign from the post of CM. It has been a political tradition in India that after losing the election, the CM submits his resignation to the Governor. But Mamata went against this tradition and said that she had a moral victory in this election.
The tenure of the West Bengal Assembly was ending on 7 May 2026. Now, after waiting for Mamata’s resignation for two days, Governor RN Ravi dissolved the West Bengal Assembly late on Thursday evening.
Mamata Banerjee is no longer the Chief Minister of West Bengal. Even if he has refused to resign. His tenure has ended as the Governor has dissolved the Assembly using his powers under Article 174 (2)(b).
According to Jawahar Sarkar, former Secretary to the Government of India, during this period, the Governor holds the interim charge until the new government takes oath. This is not President’s rule. This is an interim arrangement.
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