FLOOR
TEST – POLITY
News:
Back with BJP, Nitish
Kumar to face floor test today, oust Speaker
What's
in the news?
●
Amid the ongoing political shift in Bihar,
a floor test was held in the Bihar Legislative Assembly. Bihar Chief Minister
Nitish Kumar won the vote.
Floor
Test:
●
A floor test is a Constitutional mechanism
under which a CM appointed by the Governor (Article
164) can be asked to prove majority on the floor of the Legislative
Assembly of the state.
●
A floor test is also called a ‘trust vote’.
●
It is held in legislative bodies, to find
out whether the government that is suspected to have lost the majority still
retains the confidence of the House.
●
This is done through a vote among the
members.
Authority
to Call for a Floor Test:
●
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.
Constitutional
Provisions:
There are two provisions
in the Indian Constitution that deal with a Governor’s power to summon,
prorogue and dissolve a Legislative Assembly.
●
Under Article
174, a Governor shall summon the House at a time and place, as s/he thinks
fit.
●
Article
174 (2) (a) says a Governor may from time to time
prorogue the House and Article 174 (2)
(b) allows her or him to dissolve the Legislative Assembly.
●
Article
163
says the Governor shall exercise her or his functions with the aid and advice
of the Council of Ministers.
●
Article
163
also adds that s/he would not need their advice if the Constitution requires
her or him to carry out any function at her/his discretion.
Floor
Test and SC Judgement:
●
In 2020, the Supreme Court, in Shivraj
Singh Chouhan case upheld the powers of the Speaker to call for a floor test if
there is a prima facie view that the government has lost its majority.
Events
in the Floor Test:
Vote
of Confidence:
●
If the government's majority is doubted,
the leader of the party claiming the majority must ask for a vote of
confidence.
●
They have to show they have more support
among those who are present and voting.
●
The CM moves a motion seeking a vote of
confidence, on which MLAs who are present in the House, vote.
●
If the majority of members vote in favour,
the government survives; if the CM loses the vote, the government has to
resign.
●
This happens both in Parliament and the state Legislative Assemblies.
Voting
Methods:
●
Voting can be conducted by either a voice vote, in which MLAs respond to
the motion verbally.
●
Voting
electronically involves the casting of votes by pressing
a button, after which the numbers for each side are displayed on a board.
●
In a physical division of votes, lawmakers
cast votes in a ballot box, which are then counted.
Composite
Floor Test:
●
The Composite Floor Test is conducted only when more than one person
stakes a claim to form the government.
●
When the majority is not clear, the
governor might call for a special session to see who has the majority.
●
The majority is counted based on those present and voting.
●
Some legislators may be absent or choose
not to vote.
●
This can also be done through a voice vote
where the member can respond orally or through division voting.
●
In division
vote, voting can be done through electronic gadgets, ballots or slips.
●
The person who has the majority will form
the government.
●
In
case of a tie, the speaker can also cast his vote.