Governor has power to hold the floor test even while the House in Session: SC

Hon'ble Supreme Court held that the Governor has power to hold the floor test even while the House in Session.




Case: Shivraj Singh Chouhan and Others v. Speaker, Madhya Pradesh Legislative Assembly and Others (2020 SCC OnLine SC 363)
Decided on 13.04.2020
Corum: Dr. Dhananjaya Y. Chandrachud, J.

The Superme Court in its judgment upholding the order of the Madhya Pradesh Governor who had ordered a floor test while the house was in session made some observations regarding the scope of powers of  Governor:
* Governor Expected To Discharge Role Of A Constitutional Statesman.
* Governor's Orders Not Immune From Judicial Review.
* Governor Not To Favour Any Political Party In Directing Trust Vote.
* Governor To Act With Circumspection While Demanding A Trust Vote.
* Governor can seek floor test on reasonable belief that the govt has lost confidence.
Thus, the Governor has power to hold the floor test even while the House in Session.

Adv M.S. Husain

Author & Editor

Mr. M.S. Husain is a writer, social worker and practicing Advocate at Supreme Court of India, High Courts, National Green Tribunal (NGT), National Company Law Tribunal (NCLT) and Appellate Tribunal (PMLA). Specialized in Civil, Arbitration and Fiscal Laws along with sound knowledge of Criminal Law and well versed with drafting and representation in all kinds of cases. Practice experience in Civil, Arbitration, Fiscal Laws such as PMLA and FEMA, Criminal side and also having experience in dealing with various legal aspects.

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