The focus of Maharashtra’s political crisis has once again turned towards the Governor’s decision to call for a floor test. This legal mechanism is intended to determine if the person holding the position of Chief Minister still has the majority support of the house. But what exactly are the Constitutional provisions related to the Governor in calling for a Floor Test?
Article 174 of the Constitution grants the Governor the power to summon, dissolve, and prorogue the state legislative assembly. Under Article 174(2)(b), the Governor can also dissolve the Assembly with the aid and advice of the cabinet. Furthermore, in situations where the majority support of the Chief Minister could potentially be in doubt, the Governor has the discretion to weigh in on the matter.
Under Article 175(2), the Governor can summon the House and call for a floor test to establish if the current government maintains majority support. However, exercising these rights is contingent upon Article 163 of the Constitution, which states that the Governor acts based on the aid and advice of the Council of Ministers, led by the Chief Minister.
During in-session periods, the Speaker has sole authority to call for a floor test. However, when the Assembly is not in session, the Governor’s residuary powers under Article 163 grant him the ability to call for one.
The Discretionary Power of the Governor
Article 163 (1) places limitations on the discretionary power of the Governor, confining it to cases specifically outlined in the Constitution that necessitate the Governor to act independently of Cabinet advice.
This discretionary power under Article 174 can come into play when the Chief Minister has ostensibly lost the support of the House, and their power is called into question. In most situations, both the opposition and the Governor would advocate for a floor test when there are doubts cast on the Chief Minister’s majority.
Authorized courts, on several occasions, have reinforced that a floor test must be conducted promptly when the ruling party’s majority is challenged.
The Supreme Court’s Perspective on the Power of the Governor
In the 2016 court case Nabam Rebia and Bamang Felix vs Deputy Speaker (the Arunachal Pradesh Assembly case), the Supreme Court clarified that the power to summon the House does not rest solely with the Governor and should be exercised in collaboration with the Council of Ministers.
Reinforcing democratic principles, the Court emphasized the appointed nature of the Governor’s role, underlining that a nominee of the President should not hold more authority than elected representatives in the State Legislature.
In 2020, through Shivraj Singh Chouhan & Ors versus Speaker, Madhya Pradesh Legislative Assembly & Ors, the Supreme Court upheld the powers of the Speaker to call for a floor test if there seemed to be a reasonable belief that the incumbent government had lost its majority.
An Explanation of the Floor Test
A floor test, simply put, is a measure of the majority. If doubts arise regarding the Chief Minister (CM) of a State, he/she may be asked to prove his/her majority in the House. In the instance of a coalition government lacking a clear majority, the CM might be requested to pass a vote of confidence and secure a majority.
If more than one person stakes claim to form the government, the Governor may call for a special session to determine who holds the majority. The numbers are then typically based only on those Members of Legislative Assembly (MLAs) who are present to vote.
UPSC Civil Services, Previous Year Questions (PYQ)
Consider the following statements in reference to the Legislative Assembly of a State in India (2019):
1. The Governor delivers a custom address to members at the beginning of the year’s first session.
2. If a State Legislature doesn’t have a rule on a particular subject, then it follows the Lok Sabha rule on that matter.
Which of these statements is correct?
A. 1 only
B. 2 only
C. Both 1 and 2
D. Neither 1 nor 2
Answer: C
Article 176(1) of the Constitution mandates that the Governor address both Houses at the commencement of the first session following each general election to the Assembly, as well as at the start of each year’s first session. Therefore, statement 1 is correct.
Article 208 refers to the procedures within State Legislatures. In instances where the State Legislature lacks specific provisions, it has been a longstanding convention since colonial times for them to adopt rules from the Lok Sabha. So statement 2 is also correct. Hence, option (c) is the answer.
