Member to be disqualified from Floor Test

Why in news?

• Recently SC held that if an MP or an MLA has caused a split in the party and, is facing disqualification under the anti-defection law >> he/she should not be allowed to participate in a floor test.

About Anti Defection Law:

Please click here

About floor test:

• A floor test is the determination on the floor of the House whether the PM/CM commands the support of the majority of the MP/MLAs.
• This can be done by means of a voice vote or by recording the vote of each MP/MLA in the House.
• This determination of majority is done in a sitting of the legislature for which the legislature has to be convened.

Role of Governor in calling for a floor test:

• Article 174 of the Constitution authorizes the Governor to summon, dissolve and prorogue the state legislative assembly.
  • 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.

PRACTICE QUESTION

Consider the following statements:

1. A member of legislature facing disqualification under the anti-defection law should not be allowed to participate in a floor test

2. When the House is in session, power to call for a floor test vests with the Speaker.

Which of the statements given above is/are correct?

(a) 1 only

(b) 2 only

(c) Both 1 and 2

(d) Neither 1 nor 2

Answer