Context:
Floor test in Jharkhand State Legislative Assembly
Floor Test:
- What is it? – A term used for the test of the majority.
- If there are doubts against the majority claim of a Chief Minister, he/she can be asked to prove the majority in the House.
- Called by –
- Speaker (When the House is in session)
- Governor (When the Assembly is not in session)
- Constitutional Provision – Article 175 (2)
- Article 175(2) – Governor can summon the House and call for a floor test to prove whether the government has the numbers.
- However, Governor can exercise the right only on the aid and advice of the Council of Ministers headed by the Chief Minister.
Supreme Court judgements:
- Nabam Rebia vs Deputy Speaker, 2016 – Supreme Court said that the power to summon the House is not solely vested in the Governor and should be exercised with aid and advice of Council of Ministers and not at his own.
- Shivraj Singh Chouhan & Others versus Speaker, 2020 – Supreme Courtupheld 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.
Source : The Hindu
Previous Year Question
With reference to the Legislative Assembly of a State in India, consider the following statements:
1. The Governor makes a customary address to Members of the House at the commencement of the first session of the year.
2. When a State Legislature does not have a rule on a particular matter, it follows the Lok Sabha rule on that matter.
Which of the statements given above is/are correct?
[UPSC Civil Service Exam – 2019 Prelims]
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
Answer: (c)
