Heavens won’t fall if the floor test does not happen in the Maharashtra Assembly today, Team Uddhav Thackeray argued in the Supreme Court on Wednesday. The court, of course, thought otherwise. And the heavens didn’t fall, but the Thackeray government did, although not on the floor of the House.
Shivraj Singh Chouhan & Others vs Speaker, Madhya Pradesh Legislative Assembly & Others, 2020
Shiv Sena & Others vs Union of India & Others, 2019
S R Bommai vs Union of India, 1994
The landmark verdict by a nine-judge Constitution Bench said the Chief Minister’s refusal to face a floor test can be concluded as lack of majority and such refusal, prima facie, would indicate that the government does not enjoy the confidence of the legislature.
Can the Guv direct floor test without the aid and advice of the Council of Ministers?
Another grouse of Team Thackeray was that the Governor called for the floor test without even consulting the government. On this, too, there’s a previous SC ruling that says the Governor can very much do that if he is convinced that the government has lost the majority
Nabam Rebia & Bamang Felix vs Deputy Speaker, Arunachal Legislative Assembly, 2016
Justice J S Khehar held that the Governor can exercise his/her constitutional powers, vested under Article 174, and call for floor test without the aid and advice of the Council of Ministers led by the Chief Minister if there are sufficient reasons to believe that the government has lost the confidence of the House
Can the Governor call for immediate floor test?
Before the big shake-up, Team Thackeray’s contention before the apex court was that floor test cannot happen when the Speaker is yet to decide on disqualification of 16 rebel MLAs. So, what is the legal position on this? Well, several previous rulings say the Governor is well within his right to direct immediate floor test even if a plea for disqualification of MLAs is pending.