Kerala CM suspense continues: Is there a deadline to form the govt?

Kerala's CM decision remains pending even after Congress-led UDF's decisive win, as contention among the three top leaders delays the decision, raising questions on government formation timelines

Among states that recently went to the polls, West Bengal and Tamil Nadu have already got their new chief ministers, while in Assam, Himanta Biswa Sarma is set to take oath on Tuesday. However, in Kerala, the suspense over the chief minister’s pick continues.

 

The Congress-led United Democratic Front (UDF) returned to power in Kerala after a decade, defeating the Communist Party of India (Marxist)-led Left Democratic Front (LDF) with 102 of the 140 seats. Despite a clear mandate, the chief ministerial decision is pending even though the results were declared on May 4, over a week ago. The delay has raised questions over how long a state can function without a formal chief minister and whether any constitutional deadline exists for naming one.

 

What Constitution says about government formation?

 

The Constitution does not prescribe a fixed deadline for appointing a chief minister after the election results. Instead, the process is guided by Article 172, which defines the tenure of a state legislative Assembly as five years unless dissolved earlier. According to the article, every state Legislative Assembly "shall continue for five years from the date appointed for its first meeting and no longer," with the expiration of that five-year period automatically operating as a dissolution of the Assembly.

 

Since the current Kerala government was formed on May 24, 2021, its term is set to expire on May 23, 2026, leaving the Congress-led UDF with another 10 days to finalise their choice of chief minister before the current government dissolves.

 

In practice, however, the winning alliance is expected to stake its claim almost immediately after results are declared. The party or coalition commanding a majority is invited by the Governor to form the government. During this transition period, a pro-tem Speaker, typically the senior-most legislator, is appointed to administer the oath to incoming MLAs, while the outgoing chief minister continues in a caretaker capacity, handling routine administration until the new council of ministers is sworn in.

 

Should the current government's term expire without a new chief minister being named, or if a government cannot be formed for any other reason, the state would be placed under President's Rule under Article 356, with direct administrative control passing to the Union Government through the Governor. Fresh elections are then organised by the Election Commission of India (ECI) to restore an elected government.

 

Can a government function without naming a CM?

 

It would be extremely difficult for a party to effectively function or form a cabinet without first naming a chief minister, and the Constitution makes it clear. Article 164 says that while the chief minister is appointed by the Governor, all other ministers are appointed by the Governor solely on the advice of the chief minister. As the Article states, ministers "shall be appointed by the Governor on the advice of the Chief Minister, and the Ministers shall hold office during the pleasure of the Governor."

 

Kerala CM decision delayed amid three-way contest

 

There are three major contenders for Kerala's CM post: VD Satheesan, KC Venugopal, and Ramesh Chennithala. The decision has been held up partly because supporters of different contenders have been organising poster campaigns and demonstrations backing their preferred candidates. Intense lobbying and factional politics within the party are further complicating matters and adding to the delay.

 

According to several media reports, the unexpected entry of KC Venugopal into the chief ministerial race has complicated the situation. Venugopal, who is a senior Congress leader and close aide of Rahul Gandhi, did not even contest the Kerala Assembly elections, yet he has emerged as a serious contender, believed to enjoy the backing of nearly 43 newly elected Congress MLAs.

 

Meanwhile, VD Satheesan, who commands strong public popularity, and Ramesh Chennithala, the most senior Congress leader in Kerala, continue to press their own claims for the top post. The alliance leadership is expected to weigh the competing claims and end the three-way tug of war, which is keeping the chief minister's chair vacant.