NEW DELHI: The Supreme Court constitution bench on Tuesday while hearing pleas related to Maharashtra political crisis remarked that the 10th schedule of the Constitution – which deals with ‘disqualification’ – is there to prevent the constitutional sin of defection and the Governor amid the chaos of MLAs facing the sword of disqualification can ask for the majority to be proven.
“The problem is antecedent circumstances which necessitated the floor test is an alleged defection. The need for floor test arises because a group of legislators may be disqualified for splitting from the legislative party,” the CJI remarked.
On the timing of the floor test, the CJI said, “We have to be cognizant of the situation that a person can perform all duties as a legislator because the speaker has not decided on the disqualification plea... why can’t the legislature be not asked to stay off till pleas are decided on. What was the requirement of the floor test and these 7 independent MLAs said they are not with the CM.”
Justice P S Narasimha said, “Power of Governor in the context of the 10th schedule is important here since there are disqualification proceedings pending.” The observations, in the apex court, were made against the backdrop of the submissions put forth by the Uddhav Thackeray-led Shiv Sena faction that there was no way for the state Governor to direct the CM to face trust vote on the floor of the Maharashtra assembly amid the pendency of disqualification pleas.