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The answer to the question lies within the Constitution, the Assembly process and a series of Supreme Court judgments arising out of the 2019 Karnataka political crisis.
There is a tremendous drama going on in Tamil Nadu regarding government formation.
The post-poll impasse in Tamil Nadu has now entered uncharted constitutional territory. Actor-turned-politician Vijay, whose Tamilaga Vetri Kazhagam (TVK) emerged as the largest party with 108 seats in the 2026 Tamil Nadu Assembly elections, has met Governor Rajendra Vishwanath Arlekar twice to seek invitation to form the government. But the magic figure of 118 is still out of reach and rumors of a possible DMK-AIADMK pact are rife, plunging the state into a tense constitutional crisis.
After this the political temperature rose rapidly TVK warned that all its 107 MLAs will resign If Dravida Munnetra Kazhagam (DMK) and All India Anna Dravida Munnetra Kazhagam (AIADMK) attempted to form a coalition government and keep it out of power.
This is an extraordinary danger. But what will actually happen if 107 MLAs resign together? Can they do it immediately? Does the government fall? Can the Speaker stop them? And Can Tamil Nadu be pushed towards President’s rule or fresh elections?
The answers lie within the Constitution, the Assembly process and a series of Supreme Court decisions arising out of the 2019 Karnataka political crisis.
How Tamil Nadu’s numbers add up
There are 234 seats in the Tamil Nadu Assembly. 118 MLAs are required for a simple majority. TVK currently has 107 MLAs, making it the largest faction in the House, but still far from a majority. Congress’s support with five MLAs narrows the gap, but not enough. That is why speculations about possible outside support, defection or even an understanding between DMK-AIADMK have become politically explosive.
If all 107 TVK MLAs resign and those resignations are accepted, the effective strength of the assembly will reduce from 234 to 127.
With this, the majority figure will also reduce from 118 to just 64.
This means that if the DMK-AIADMK alliance crosses 64 seats in the lower house, it can survive comfortably despite half the assembly seats being vacant. Therefore, mass resignations could mathematically make government formation easier for the coalition that the TVK is trying to prevent.
But will the MLA just resign and go away? The answer is no.
Under Article 190(3)(b) of the Constitution, the resignation of an MLA takes effect only after it is accepted by the Speaker. The Constitution states that the Speaker must be satisfied that the resignation is “voluntary and genuine”.
The Supreme Court extensively examined this issue in the case Srimant Balasaheb Patil vs. Hon’ble Speaker, Karnataka Legislative Assembly (2019), which arose out of the fall of the Congress-JD(S) government in Karnataka. In that case, rebel MLAs submitted resignations, threatening to topple the government. The Speaker delayed taking action against him while the disqualification proceedings under the Tenth Schedule were going on.
The Supreme Court ruled that the Speaker is not a mere “postman”. The Presiding Officer has the authority to examine whether the resignations are genuine and voluntary or not.
But the court also made it clear that “voluntary” means the MLA was not forced, “genuine” means the resignation is bona fide, and the Speaker cannot delay decisions indefinitely for purely political reasons.
The judgment made it clear that the Speaker’s investigation is limited and cannot become an endless political exercise.
What will happen in Tamil Nadu if TVK MLAs resign?
The answer to this question depends entirely on when he resigns.
Scenario 1: TVK MLA resigns before being elected Speaker
Tamil Nadu does not yet have a full-fledged Speaker as the new Assembly has not been formally constituted.
Before the assembly proceedings begin, MLAs have to take oath, a pro tem speaker is appointed and then a full speaker is elected. Until that process is done, resignations cannot practically change the arithmetic of the Assembly.
If the TVK MLAs attempt mass resignation before the permanent Speaker comes into existence, the resignations are likely to go to the pro tem speaker after the members take oath. But Governor Arlekar may still give priority to government formation and floor test before the resignation proceedings are over.
This means the constitutional process can first move towards a majority test on the floor of the House.
Scenario 2: TVK MLAs resign after DMK-AIADMK government is formed
TVK’s warning is primarily aimed at this scenario. Once the government is formed and the Speaker is elected, all 107 MLAs can theoretically resign together.
But still, resignations do not take immediate effect because the Speaker has to personally verify them, and may slow down, delay or investigate the process.
A Speaker associated with the ruling coalition can personally summon MLAs, investigate whether resignations are under duress, or determine whether anti-defection proceedings are involved.
Can the Speaker reject the resignation outright?
The Speaker cannot arbitrarily reject all resignations. The Supreme Court has repeatedly held that if resignations are truly voluntary and genuine, they should be generally accepted.
But time matters a lot. In Karnataka, the Speaker delayed accepting resignations while considering disqualification petitions under the Tenth Schedule. The Supreme Court allowed the disqualification proceedings to continue even after the resignations were submitted to the Speaker.
That precedent means that if allegations of engineered defection or political dealings emerge in Tamil Nadu, the Speaker can legally argue that the resignation inquiry cannot be treated as a purely mechanical process. However, there will be no case of defection here.
Will the government fall due to the resignation of 107 MLAs?
If all the TVK MLAs resign, the government will not fall on its own.
If the resignations are accepted, the strength of the House is reduced and the majority figure is reduced. The government only needs a majority in the lower house, not the original 234-member strength. Hence the DMK-AIADMK government can survive legally despite 107 vacancies.
However, politically, such a government would immediately face a battle of legitimacy.
The TVK would argue that the largest party was deprived of power, almost half the assembly was excluded, and the coalition lacked moral legitimacy.
Then the fight will reach from the assembly to public opinion.
Meanwhile, this will also clear the way for by-elections in the state. If 107 seats fall vacant, the Election Commission will have to hold by-elections within six months under Section 151A of the Representation of the People Act, unless there are exceptional circumstances. This will effectively turn Tamil Nadu into a state living in constant campaign mode.
Those by-elections could become a referendum on the governor’s decision, the legitimacy of the coalition government and Vijay’s claim that the TVK was deprived of its mandate.
Can President’s rule be imposed in Tamil Nadu?
At present, President’s rule is the last resort. Under Article 356 of the Constitution, President’s rule can be recommended if the constitutional machinery collapses and no stable government is possible.
But the Supreme Court’s landmark judgment in SR Bommai vs Union of India made it clear that majority should ordinarily be tested on the floor of the House and not through political convictions.
So before any move towards President’s rule, the Governor will first explore all options for government formation, demand a floor test, and determine whether the alliance can command a majority in the Lower House.
Only if governance becomes impossible will Article 356 come into picture.
In that sense, is TVK’s resignation threat both real or symbolic? Although mass resignation is legally and constitutionally possible, it is not automatic, immediate or simple.
The Speaker’s investigative powers, anti-defection provisions, floor-test requirements and Supreme Court precedents ensure that such a move would trigger a prolonged constitutional and political confrontation.
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