Governor's floor test again became a topic of discussion amid the ongoing political crisis in Maharashtra
In the ongoing political crisis in Maharashtra for the past few days, the decision to conduct floor test of
the Governor is once again in the news. The political situation in Maharashtra remains unstable. The MLAs, who rebelled against Shiv Sena, have not yet taken any clear decision even after four days.
The rebel Shiv Sena MLAs have been staying at the five-star Hotel Radisson Blu in Guwahati, led by
state urban affairs minister Eknath Shinde, since 21 June. In the changing political developments, Eknath Shinde has claimed that he is getting the support of more MLAs.
The rebel Shiv Sena MLAs have released a video of Eknath Shinde being unanimously elected as their leader. The rebel MLAs from Maharashtra, who are currently staying at a hotel in Guwahati, have authorized Mr. Shinde to take any decision in a video released from there.
Floor Test
This is the term used for the test of majority. If there is doubt against the Chief Minister (CM) of a state,
he can be asked to prove his majority in the House. In the case of a coalition government, the chief minister can be asked to hold a trust vote and get a majority.
In the absence of a clear majority, when more than one person is claiming to form the government, the Governor can call a special session to see who has the majority to form the government. Some legislators may be absent or may choose not to vote. In such a situation the numbers are considered on the basis of only those MLAs who were present and
voting.
Constitutional provisions of the governor related to floor test
Article 174 empowers the Governor to summon, dissolve and prorogue the State Legislative Assembly. Article 174(2)(b) of the Constitution empowers the Governor to dissolve the Legislative Assembly on the aid and advice of the Cabinet, although the Governor can exercise his discretion when such a Chief Minister whose majority is in doubt.
According to Article 175(2), the Governor can summon the session of the House and call a floor test to prove whether the government has sufficient number of MLAs. However, the Governor can exercise the above power only as per Article 163 of the Constitution
according to which the Governor acts on the aid and advice of the Council of Ministers headed by the
Chief Minister.
When the House is in session, the Speaker can call for a floor test. But when the Legislative Assembly is not in session, under Article 163, the Governor can use his residuary powers to allow the floor test to be
Called.