Recently, in the ongoing political crisis in Maharashtra, the decision to conduct floor test of the Governor is once again in the news.
Today Current Affairs
What are the constitutional provisions of the Governor related to the floor test?
Article 174 – empowers the Governor to summon, dissolve and prorogue the State Legislative Assembly.
Article 174 (2) (b) of the Constitution empowers the Governor to dissolve the Legislative Assembly on the aid and advice of the Cabinet, although the Governor can exercise his discretion when such a Chief Minister, whose majority is in doubt It is possible.
According to Article 175(2), the Governor can summon the session of the House and call for a floor test to prove whether the government has sufficient number of MLAs or not. The Hindu Analysis
However, the Governor can exercise the above power only according to Article 163 of the Constitution, according to which the Governor acts on the aid and advice of the Council of Ministers headed by the Chief Minister.
When the House is in session, the Speaker can call for a floor test. But when the Legislative Assembly is not in session, under Article 163, the Governor can use his residuary powers to allow the floor test to be called.
Discretionary Power of Governor : The Hindu Analysis
Article 163(1) essentially limits any discretionary power of the Governor to only those cases where the Constitution clearly specifies that the Governor should act at his discretion and exercise it independently.
The Governor can exercise his discretionary power under Article 174 when the Chief Minister has lost the support of the House and his support is debatable.
Usually the chief minister is suspected when he has lost the majority, the opposition and the governor will call for a floor test.
Courts have also made it clear on several occasions that when the ruling party’s majority is in question, a floor test should be conducted at the earliest opportunity available.
View of the Supreme Court on the power of the Governor to call a floor test : The Hindu Analysis
In 2016 in Nabam Rebia and Bamang Felix v. Deputy Speaker (Arunachal Pradesh Legislative Assembly case), the Supreme Court held that the power to summon the House is not vested in the Governor alone and should be exercised with the aid and advice of the Council of Ministers and not that at your discretion.
The Court highlighted the fact that the Governor is not an elected authority, he is only a nominee of the President, and such a nominee cannot have overriding authority over the House of the State Legislature or the representatives of the people constituting the Houses. The Hindu Analysis
Allowing the Governor to govern the State Legislature or the State Executive does not harmonize with the strong democratic principles enshrined in the provisions of the Constitution. Particularly because the constitution is founded on the principle of ministerial responsibility.
In the year 2020, in Shivraj Singh Chouhan & Ors. Vs. Speaker, Madhya Pradesh Legislative Assembly & Ors, the Supreme Court upheld the Speaker’s powers to call for floor test if there is a prima facie view that the government has lost its majority. Retained the powers of the speaker.
In the year 2020, the Supreme Court upheld the power of the Speaker to call for floor test if it is prima facie held that the government has lost its majority in Shivraj Singh Chouhan & Ors. Vs Speaker, Madhya Pradesh Legislative Assembly & Ors. The Hindu Analysis
“The Governor is not deprived of the power to order a floor test where, on the basis of the information available with the Governor, it becomes clear whether the Government enjoys the confidence of the House, the issue shall be assessed on the basis of the floor test. But should be done.
Floor Test : The Hindu Analysis
It is a term used for the test of majority. If there is doubt against the Chief Minister (CM) of a state, he can be asked to prove his majority in the House.
In the case of a coalition government, the Chief Minister can be asked to take a trust vote and get a majority.
In the absence of a clear majority, when more than one person is claiming to form the government, the governor can call a special session to see who has the majority to form the government.
Some MLAs may be absent or may choose not to vote. In such a situation the numbers are considered on the basis of only those MLAs who were present to vote.
In this article we mention all information about Floor Test: Governor Today Current Affairs.
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