Constitutional Position on Assembly Tenure

In Kerala, the Congress is yet to finalise its Chief Ministerial candidate despite securing a clear majority in the Assembly elections. The situation has brought attention to the constitutional provisions governing the formation of state governments after elections.

Constitutional Position on Assembly Tenure

According to the Constitution of India, the tenure of a State Legislative Assembly is governed by Article 172.

$Article\ 172:\ Legislative\ Assembly\ tenure = 5\ years$Article 172: Legislative Assembly tenure=5 years

Article 172 states that every Legislative Assembly, unless dissolved earlier, shall continue for five years from the date appointed for its first meeting. After the expiry of this period, the Assembly stands dissolved automatically.

According to the Election Commission, Kerala’s current Assembly was constituted on May 24, 2021, and its tenure will expire on May 23, 2026.

Procedure After Election Results

Between the declaration of election results and the expiry of the outgoing Assembly’s term, the party or coalition securing majority support stakes claim to form the government. The Governor then invites the majority party or alliance to prove its strength on the floor of the House.

A pro-tem Speaker—generally the senior-most elected MLA—is appointed to:

• Administer oath to newly elected legislators, and
• Conduct the floor test in the Assembly.

Role of the Governor in a Hung Assembly

In the event of a hung Assembly, where no party secures a clear majority, the Governor assumes a more significant constitutional role in deciding whom to invite to form the government. However, the invited party or coalition must ultimately prove majority support in the House.

President’s Rule if Government Cannot Be Formed

If no viable government can be formed, the state may come under President’s Rule under Article 356 of the Constitution.

$Article\ 356:\ President’s\ Rule$Article 356: President′s Rule

Article 172 also provides that during a National Emergency, Parliament may extend the tenure of a State Assembly by one year at a time, but not beyond six months after the Emergency ceases to operate.

Can a Party Win a Floor Test Without Naming a Chief Minister?

Constitutionally, this would be extremely difficult. Article 164 provides that the Chief Minister is appointed by the Governor, and other ministers are appointed on the advice of the Chief Minister.

$Article\ 164:\ Chief\ Minister\ appointed\ by\ Governor$Article 164: Chief Minister appointed by Governor

Therefore, unless a Chief Minister is sworn in, the Council of Ministers cannot be constituted. While a ruling party may later replace its Chief Minister, a government formation process ordinarily requires the selection and swearing-in of a CM before a floor test can effectively take place.

Source: IE