Floor tests, governor powers, and the 10th Schedule of the Constitution are prevalent topics in the Indian political scene. A recent case involving the Governor of Maharashtra’s call for a floor test has sparked lively debate on these issues.
The Floor Test Concept
A floor test is a method used to determine if the Chief Minister of a state holds majority support in the House. This test comes into play when doubts arise about the Chief Minister’s majority. The governor may call a special session in cases where there is no clear majority. Legislators may choose not to vote or be absent; the tally reflects only those present to vote.
Background of the Case
In 2022, Uddhav Thackeray’s government faced replacement by another faction within the Shiv Sena. The new Chief Minister was Eknath Shinde, and the then Maharashtra Governor’s decision to call for a trust vote before his resignation prompted legal challenges from the Thackeray group.
Supreme Court’s Ruling
The Supreme Court declared that floor tests should not be needed to address issues within political parties, and party conflicts should be resolved via the party’s constitution or other methods. It emphasized that the placement of a Whip should fall under the political party’s jurisdiction, just as the appointment of the party leader in the House. The Speaker is responsible for handling disqualification petitions under the 10th Schedule of the Constitution. In this case, notices were issued against 40 rebel MLAs for disqualification on grounds of defection.
The 10th Schedule of the Constitution and the Anti-Defection Law
The 10th schedule, also known as the “Anti-Defection Law,” was added via the 52nd Amendment Act of 1985. Its main aim is to avoid instability within political parties by preventing elected members from changing parties post-election. Members can be disqualified if they voluntarily quit the party that elected them or vote against their political party’s directives. Exceptions to disqualification include party mergers and defection by a minimum of 2/3rd of the elected members in favor of a “merger.”
Constitutional Powers with the Governor
Article 174 authorizes the Governor to dissolve and summon the state legislative assembly. The Governor can call for a floor test under Article 175(2) when the government’s majority comes into question. However, this power must be exercised as per Article 163 which says that the Governor acts on the advice of the Council of Ministers headed by the Chief Minister. In terms of discretion, any matter falling under the Governor’s discretion is final and cannot be questioned in terms of its validity.
Previous Court Rulings on Governor’s Floor Test Calls
Past cases like Nabam Rebia and Bamang Felix vs Deputy Speaker (2016) and Shivraj Singh Chouhan & Ors vs Speaker (2020) have upheld and elaborated upon the powers of the Governor and Speaker in calling for a floor test. Each case highlights the boundaries set by the Constitution on the extent of these powers and the situations in which they should be exercised.
The Governor’s role in tests of political majority continues to be a complex issue, shaped by ongoing legal interpretations and political realities.
Last Modified: February 20, 2024