Governor Powers, floor test law under spotlight

Governor Powers, floor test law under spotlight

Subject: polity

Section: Federalism

Context: As the Maharashtra political crisis continues to play out with the Shiv Sena headed for a split and CM Uddhav Thackeray possibly losing majority, the Governor’s powers under the Constitution to call for a floor test takes centre stage.

Concept:

• Article 174(2)(b) of the Constitution gives powers to the Governor to dissolve the Assembly on the aid and advice of the cabinet
• However, the Governor can apply his mind when the advice comes from a Chief Minister whose majority could be in doubt.
• Under Article 175(2), the Governor can summon the House and call for a floor test to prove whether the government has the numbers
• When the House is in session, it is the Speaker who can call for a floor test. But when the Assembly is not in session, the Governor’s residuary powers under Article 163 allow him to call for a floor test

S R Bommai Case  

• The Governor has a crucial role when there is political instability in a state. Before 1994, Governors were quick to dismiss state government, charging that it did not have a majority in the state legislature and recommending the imposition of the President’s rule in the state. But the Supreme Court ended this practice with its judgment in the SR Bommai case in1994. In this landmark case, the court ruled that the place for deciding whether government has lost its majority was in the legislature. Maharashtra Governor Bhagat Singh Koshyari can ask Chief Minister Uddhav ThackeraytoconvenetheAssemblyandprovehismajorityontheflooroftheHouse

Background:

In 2020, the Supreme Court, in Shivraj Singh Chouhan & Ors versus Speaker, Madhya Pradesh Legislative Assembly & Ors, upheld the powers of the Speaker to call for a floor test if there is a prima facie view that the government has lost its majority.