Isabella Carter
A floor test is a constitutional mechanism in India to determine whether the incumbent government enjoys the support of the legislature. It is a motion initiated by the government in power to know if it enjoys the confidence of the elected representatives in the House. The chief minister, appointed by the governor, is asked to prove majority support on the floor of the Legislative Assembly. If the floor test fails, the chief minister will have to resign. The Supreme Court of India has held that a Governor can call for a floor test at any time if they feel the government has lost the confidence of the House.
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What You'll Learn
The role of the Governor
The Governor is an appointee of the President but does not represent either a political ideology or a political view. Therefore, the Governor is expected to discharge the role of a constitutional statesman. The Governor is not an elected authority and is a mere nominee of the President.
The Governor can summon the floor test when he feels that the sitting Chief Minister has lost the confidence of the majority. In case there is a dual government, the Governor can ask either of the heads to gain a majority and form a party. The Governor can exercise his discretionary power under Article 174, when the chief minister has lost the support of the House and his strength is debatable. When doubts are cast on the chief minister that he has lost the majority, the opposition and the Governor would rally for a floor test.
The Governor can summon, dissolve and prorogue the state legislative assembly. The Governor can 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. The Governor can summon the House and call for a floor test to prove whether the government has the numbers. The Governor can exercise the above only as per Article 163 of the Constitution, which says that the Governor acts on the aid and advice of the Council of Ministers headed by the Chief Minister. When the House is in session, it is the Speaker who can call for a floor test. The Governor makes a customary address to Members of the House at the commencement of the first session of the year.
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Chief Minister's majority
The Indian Constitution does not require that the political party forming the ministry hold a majority in the legislature. However, the Council of Ministers should command the confidence of the legislature, which enjoys the will of the people.
A floor test is a constitutional mechanism under which a Chief Minister appointed by the Governor can be asked to prove their majority on the floor of the Legislative Assembly of the state. The Governor is empowered to issue a direction to an incumbent Chief Minister to hold a floor test and demonstrate the Legislature's trust in their government. The Chief Minister will move a vote of confidence and prove that they have majority support. If the floor test fails, the Chief Minister will have to resign.
The Supreme Court has clarified that the Governor is also entrusted with the constitutional authority to require the Council of Ministers to prove their majority on the floor of the House right after the general elections are held. The Governor can also call for a floor test when there is more than one individual staking a claim to form the government. This is known as a Composite Floor Test.
The courts have clarified that when the majority of the ruling party is in question, a floor test must be conducted at the earliest available opportunity. The whole idea of a floor test is incorporated in the constitution of India to ensure transparency in the constitutional process.
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Council of Ministers' majority
The Council of Ministers should command the confidence of the Legislature, which enjoys the will of the people. The Governor is empowered to issue a direction to an incumbent Chief Minister to hold a floor test and demonstrate the Legislature's trust in their Government. The Governor can ask the Government to prove its majority in a floor test.
The Governor can summon the House and call for a floor test to prove whether the government has the numbers. The Governor's power to do so is limited by Article 163 of the Constitution, which states that the Governor acts on the aid and advice of the Council of Ministers, headed by the Chief Minister. When the House is in session, it is the Speaker who can call for a floor test.
The Chief Minister has to establish a majority among those present and voting. Failure to prove a majority is followed by the resignation of the Chief Minister and their Council of Ministers.
The floor test upholds the collective accountability of the elected government to the legislature. The principle of democracy enshrined in the Constitution demands that the issue of whether the Government commands the confidence of the House be left to a vote in the Legislative Assembly.
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Composite Floor Test
A floor test is a constitutional mechanism in India to determine whether the incumbent government enjoys the support of the legislature. It is a way to uphold the collective accountability of the elected government to the legislature. In a floor test, a Chief Minister appointed by the Governor is asked to prove their majority on the floor of the Legislative Assembly of the state. This is done through a trust vote, presided over by the Speaker of the House. If the leader fails to gain the confidence of the house, they must resign, leading to the dissolution of the entire Council of Ministers.
A Composite Floor Test is a variation of the floor test that is conducted when more than one person stakes a claim to form the government and the majority is not clear. In such a scenario, a composite floor test is held between the contending parties to determine which one has the majority in the House. The Governor may call a special session to assess who has the majority, and the majority is counted based on those present and voting. This can be done through a voice vote as well.
The Supreme Court of India has played a crucial role in upholding the integrity of the floor test process. In the case of Jagdambika Pal v. Union of India, the Supreme Court directed the Uttar Pradesh Assembly to conduct a composite floor test. The Court also ordered the entire proceeding to be video-graphed to maintain transparency. In another case, Union of India v. Harish Chandra Singh Rawat And Anr., the Court appointed an observer to ensure neutrality and objectivity in the process.
The Governor's powers to summon, prorogue, and dissolve a Legislative Assembly are outlined in Articles 163 and 174 of the Indian Constitution. While the Governor typically exercises their functions with the aid and advice of the Council of Ministers, they can act at their discretion in certain situations. The Governor can call for a floor test when there are doubts about the government's majority or confidence in the House.
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Confidence of the House
The concept of a "floor test" is a constitutional mechanism in India to ensure transparency in the constitutional process. It is a motion initiated by the government in power to determine whether it enjoys the confidence of the legislature. The floor test upholds the collective accountability of the elected government to the legislature.
The principle of democracy enshrined in the Constitution demands that the issue of whether the government commands the confidence of the House be left to a vote in the Legislative Assembly. The Constitution of India does not require that the political party forming the Ministry have a majority in the Legislature. However, the Council of Ministers should command the confidence of the Legislature, which enjoys the will of the people.
The Governor is empowered to issue a direction to an incumbent Chief Minister to hold a floor test and demonstrate the Legislature's trust in their Government. The Governor can ask the government to prove its majority in a floor test and is entrusted with the constitutional authority to require the Council of Ministers to prove their majority on the floor of the House right after the general elections are held. The Governor's power to call for a floor test is not restricted to the formation of a State government immediately after elections but continues throughout its term.
When a floor test is called for in the assembly of a state, the chief minister will move a vote of confidence and prove that they have majority support. If the floor test fails, the chief minister will have to resign. In the absence of a clear majority, when there is more than one individual staking a claim to form the government, the Governor may call for a special session to see who has the majority.
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Frequently asked questions
A floor test is a constitutional mechanism to determine whether the incumbent government enjoys the support of the legislature.
The governor can call for a floor test if they feel the government in power has lost the confidence of the House.
If the floor test fails, the chief minister will have to resign.
A composite floor test is conducted when more than one person stakes a claim to form the government and the majority is unclear.
The purpose of a floor test is to ensure transparency in the constitutional process and uphold the political accountability of the elected government to the state legislature.
