Governor Can Direct Floor Test Even While House Is In Session : SC Approves MP Governor's Decision [Read Judgment]

The Supreme Court on Monday held that the power exercised by the Governor of Madhya Pradesh to convene the assembly for a floor test cannot be regarded as "constitutionally improper".In a 68-page judgment released on Monday, the Supreme Court affirmed its order passed on March 19 to hold floor test in the MP assembly for proving the majority of the previous government led by Kamal Nath.The. The Supreme Court on Monday held that the power exercised by the Governor of Madhya Pradesh to convene the assembly for a floor test cannot be regarded as "constitutionally improper". "Based on the resignation of six ministers of the incumbent government, the purported resignation of sixteen more Members belonging to the INC, and the refusal of the Chief Minister to conduct a floor test despite the House having been convened on 16 March 2020, the exercise of power by the Governor to convene a floor test cannot be regarded as constitutionally improper", observed Justice D Y Chandrachud in the judgment. Governor can seek floor test on reasonable belief that the govt has lost confidence While the Court observed that the power to summon and prorogue the house as per Article 174 has to be exercised by the Governor as per the aid and advice of the Council of Ministers, it added that the Governor can call for floor test when there are reasonable grounds to believe that the government has lost the confidence of the house.