Q. With reference to the floor test in State Assemblies, consider the following statements;
1.Only the Governor can call for a floor test in the State Assembly.
2.Governor would not need the advice of council of ministers if the Constitution requires him to carry out any function at her/his discretion.
Which of the statements given above is/are correct?
Answer: B
Notes:
Statement 1 is incorrect: 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.
In 2020, the Supreme Court in Shivraj Singh Chouhan & Ors versus Speaker 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.
Statement 2 is correct: Governor would not need the advice of council of ministers if the Constitution requires him to carry out any function at her/his discretion.
Source: Indian Express
