The recent ruling of the Supreme Court (SC) that the Governor does not have the power to call for a floor test based on internal differences within party members has brought the constitutional provisions and the discretionary powers of the Governor into the limelight. This decision was made during a hearing about a dispute between two factions in a political party. The focus of the discussion was the powers and role of the Governor in calling for a trust vote.
The Constitutional Provisions Related to Governor’s Powers
As per Article 174 of the Constitution, the Governor is empowered to summon, dissolve, and prorogue the state legislative assembly. Article 174(2)(b) provides the Governor with the authority to dissolve the Assembly as per the aid and advice of the cabinet. The application of discretion by the Governor is permissible when advice is provided by a Chief Minister whose majority is questionable.
Article 175(2) outlines that the Governor can summon the House and call for a floor test to verify whether the government has sufficient numbers. However, this power must be exercised in accordance with Article 163 that states the Governor’s actions should be based on the aid and advice of the Council of Ministers under the leadership of the Chief Minister.
When the House is in session, it is the Speaker who can call for a floor test. But if the Assembly is not in session, the Governor’s residuary powers under Article 163 permit him to call for a floor test.
The Governor’s Discretionary Power
Article 163 (1) essentially restricts the Governor’s discretionary power only to scenarios where the Constitution expressly specifies that the Governor should act independently. In situations where doubts are cast on the chief minister’s majority, the Governor, along with the opposition, may call for a floor test. This has also been clarified by the courts on multiple occasions. As per the constitutional provision, the floor test must be conducted at the earliest possible moment when the majority of the ruling party is under dispute.
The Supreme Court’s Stand on the Governor’s Call for a Floor Test
In the 2016 case of Nabam Rebia and Bamang Felix versus Deputy Speaker, also known as the Arunachal Pradesh Assembly case, the Supreme Court stated that the power to summon the House shouldn’t be exercised solely by the Governor, but with the aid and advice of the Council of Ministers. The court asserted that as a nominee of the President, the Governor does not have overriding authority over people’s representatives who constitute the State Legislature.
Later, in 2020, in the case of Shivraj Singh Chouhan & Ors versus Speaker, Madhya Pradesh Legislative Assembly & Ors, the Supreme Court upheld the Speaker’s power to call for a floor test if there’s a prima facie belief that the government has lost its majority.
Understanding the Floor Test
The term ‘floor test’ refers to the testing of the majority. In case of any doubts against the Chief Minister (CM) of a State, they can be asked to prove their majority in the House. When a coalition government is in charge, the CM might be required to move a vote of confidence and secure a majority. In situations where clear majority is lacking and multiple individuals stake claim to form the government, the Governor may call for a special session to see who has the majority to form the new government.
Discretionary Powers Noted in UPSC Civil Services Examination
In a question from the 2014 Union Public Service Commission (UPSC) examination, candidates were asked about the discretionary powers given to the Governor of a State. One of the correct answers included sending a report to the President of India for imposing the President’s rule and reserving certain bills passed by the State Legislature for consideration of the President of India. The question aimed to evaluate the understanding of candidates about the powers of the Governor and its constitutional position. Additionally, the question about the legality of re-promulgation of ordinances by the Governor without placing them before the Legislature from 2022 Mains examination also reveals the significant role of the Governor.