Cameron can remain as prime minister even without a majority

David Cameron is entitled to remain as prime minister in the immediate aftermath of Thursday's election even if he cannot command a Commons majority, constitutional experts have said.

Mr Cameron will try to stay in power even if he cannot assemble enough MPs to guarantee passage of his legislative programme and will dare Labour and the Scottish National party to vote down his first Queen's Speech, allies of the prime minister told the Financial Times on Monday.

Constitutional experts said this approach was valid, especially after a close election. Vernon Bogdanor, professor of government at King's College London, said: "The prime minister is entitled to test his support in the Commons. The key issue is certainty."

He likened the approach to that of Stanley Baldwin, the Conservative prime minister, who pushed ahead with a King's Speech in January 1924, the month after losing his majority at a general election. Baldwin resigned immediately after losing a vote of confidence in parliament.

Robert Hazell, director of the Constitution Unit at University College London, Peter Riddle, head of the Institute for Government, and Carl Gardner, a lawyer who writes about the constitution, all agreed.

But the experts also warned that any attempt to deny the legitimacy of the votes of MPs from the Scottish National party, which has promised to help bring about a Labour government, would be unconstitutional.

Prof Hazell said: "It is serious constitutional nonsense to question the legitimacy of a government led by the second party, even if supported by votes from the SNP."

Labour have accused Mr Cameron of planning to "cling on" to power without having a mandate. One Labour official said: "He is trying to focus all attention in these final days on the process question of what happens after the election rather the decision people have to make in this election."

The FT's current seat projection suggests the Conservatives will win 279 seats, making them the largest party. But the projection also shows that Labour, with 270 seats, could team up with the Scottish National party on 51 seats, to defeat the Tories. Some other projections give the Conservatives more seats, but none has them winning anywhere near a majority.

But even if they lack the seats to ensure a majority, the Conservatives appear to be willing to push ahead with a Queen's Speech to test the willingness of Labour and the SNP to vote against them.

In the aftermath of such a close election, attention is likely to focus on rule 2.12 of the Cabinet Manual, which says the prime minister has to resign if he cannot command a majority and there is a viable alternative.

Additional reporting by Jim Pickard

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