Governor powers, floor test law under spotlight
June 23, 2022

In News:

  • As the Maharashtra political crisis continues, with the Shiv Sena on the verge of splitting and the Chief Minister possibly losing majority, the Governor's constitutional power to call for a floor test takes centre stage.
  • This political crisis erupted when some of the legislators (MLAs) of Shiv Sena - the largest political party in the Maha Vikas Aghadi coalition ruling the state, have aligned themselves with the party’s rebel leader. 

What’s in today’s article:

  • Governor powers to summon, prorogue and dissolve a Legislative Assembly:
    • Constitutional provisions
    • The SC on Governor’s discretionary powers
  • Floor test
    • About
    • Governor’s powers as interpreted by SC in the Shivraj Singh Chouhan case (2020)

Governor powers to summon, prorogue and dissolve a Legislative Assembly:

  • Constitutional provisions:
    • There are two provisions in the Indian Constitution that deal with a Governor’s power to summon, prorogue and dissolve a Legislative Assembly.
    • Under Article 174, a Governor shall summon the House at a time and place, as s/he thinks fit.
      • Article 174 (2) (a) says a Governor may from time to time prorogue the House and Article 174 (2) (b) allows her or him to dissolve the Legislative Assembly.
    • Article 163 says the Governor shall exercise her or his functions with the aid and advice of the Council of Ministers.
      • But it also adds that s/he would not need their advice if the Constitution requires her or him to carry out any function at her or his discretion.
    • Articles 174 and 163 are usually read together to outline the Governor's powers in summoning, proroguing or dissolving the House.
  • The Supreme Court on Governor’s discretionary powers:
    • The SC in the Nabam Rebia case (2016), had expressly stated that a Governor can summon, prorogue and dissolve the House, only on the aid and advice of the Council of Ministers.
      • To interpret Article 174, the Constitution Bench in the Nabam Rebia case had examined the Constituent Assembly debate on the said provision.
      • Then drafted as Article 153, the provision had three clauses.
      • The third clause allowed the Governor to exercise her or his discretion to summon, prorogue and dissolve the assembly.
      • This clause was omitted, as it was inconsistent with the scheme of a “Constitutional” Governor and no such discretionary power was being extended to the President (with regard to summoning and dissolution of the Parliament).
    • But the court also clarified that if the Governor had reasons to believe that the Chief Minister and her or his Council of Ministers have lost the confidence of the House, a floor test could be ordered.

What is a floor test?

  • About:
    • A floor test is done to ensure whether the government in position enjoys the support of the majority legislature.
    • When a single party secures the majority of the seats in the house, the Governor appoints the leader of the party as the Chief Minister (CM).
    • In case the majority is questioned, the leader of the party (CM) which claims majority has to move a vote of confidence and prove majority among those present and voting.
      • In case more than one person is claiming to form the government and the majority is not clear, the Governor may call for a special session to see who has the majority.
      • In case of a tie, the Speaker casts his vote.
    • The CM has to resign if they fail to prove the majority in the house.
    • Hence, a floor test is a Constitutional mechanism (Article 164) under which a CM appointed by the Governor can be asked to prove majority on the floor of the Legislative Assembly of the state.
    • When the House is in session, the Speaker has the authority to call a floor test. When the Assembly is not in session, the Governor may call for a floor test under Article 163.
    • The SC, in the SR Bommai Case (1994), laid down certain guidelines so as to prevent the misuse of Article 356 of the Indian Constitution.
      • One such guideline is - The majority enjoyed by the Council of Ministers shall be tested on the floor of the House.
  • Governor’s powers as interpreted by SC in the Shivraj Singh Chouhan case (2020):
    • A Governor may call a floor test if, based on factual evidence, s/he believes that the current State administration has lost its majority in the Assembly.
    • When conducting a trust vote, the Governor should not favour one political party over another.
    • The Governor's right to ask for a floor test does not end when a new State government takes office after elections, but rather continues throughout its term.