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Governor can't call for floor test based on difference of opinion
TIWN
Governor can't call for floor test based on difference of opinion
PHOTO : TIWN

New Delhi, March 15 : The Supreme Court has upheld Madhya Pradesh Governor Lalji Tandon’s March decision asking the then Kamal Nath led-Congress government to prove majority by holding a floor test in the Legislative Assembly after the resignation of 22 Congress MLAs.

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.
According to Article 175(2), the Governor can summon the House and call for a floor test to prove whether the government has the numbers.
However, 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. But when the Assembly is not in session, the Governor’s residuary powers under Article 163 allow him to call for a floor test.

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