The Supreme Court of India recently ruled that a Governor has the right to call for a floor test at any time if he/she objectively believes that the ruling government has lost the confidence of the House. The purpose of this article is to discuss the key highlights of this judgment and explain certain terms related to it, as well as outline the relevant Constitutional Provisions.
Key Points from the Supreme Court Ruling
The Supreme Court (S.C.) held that a Governor has the power to call for a trust vote if they believe, based on objective material, that the State government has lost its majority in the Assembly. This judgment highlighted that the timing of a trust vote can benefit the party with a majority at the time the trust vote is called.
The court also stated that the Governor’s power to demand a floor test is not limited to the inception of a State government post elections, but continues throughout its term. Furthermore, the Governor’s power does not interfere with any disqualification proceedings pending before the Speaker.
Trust Vote and No-confidence Motion
The concept of a trust vote or a vote of confidence comes from the necessity of the government to demonstrate that they carry the confidence of the House. This method helps affirm the elected government’s political accountability to the State legislature.
Additionally, a no-confidence motion, or vote of no-confidence, allows any House member to express their lack of trust in the government.
Floor Test
A floor test is a means to determine the majority support in the House. If doubts arise about the Chief Minister’s leadership, they may be asked to prove their majority. In the case of a coalition government, the Chief Minister may be asked to move a vote of confidence and obtain a majority. When there is no clear majority, a special session may be called to see who has the majority to form the government.
Constitutional Provisions Related to Governor’s Power
Several constitutional articles outline the discretionary and executive powers of a Governor. Article 163 states the discretion given to a Governor while Article 256 and 257 outline the executive powers that extend to giving directives to a State as necessary.
Article 355 entrusts the Union with the duty to protect the states against “external aggression” and “internal disturbance”, ensuring that each State’s government operates in accordance with the Constitution. In circumstances where a state cannot function according to constitutional provisions, The Central government, under Article 356, can take direct control of the state machinery. The state Governor issues such a proclamation after receiving the President’s approval.
Lastly, Article 357 deals with the legislative powers exercised under a Proclamation issued under Article 356 by the central government.
