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Opinion: Floor Test is Governor's Discretion

Power under Article 174 of the Constitution to summon the House and to prorogue it is one which is exercised by the Governor on the aid and advice of the Council of Ministers. But in a situation where the Governor has reasons to believe that the Council of Ministers headed by the Chief Minister has lost the confidence of the House, constitutional propriety requires that the issue be resolved by calling for a floor test. 

Court said the if the exercise of the discretion by the Governor to call a floor test was challenged before the court, it would not be immune from judicial review.


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2 comments

Although the Governor is appointed by the President, it is most likely that the discretionary power can be used to displace elected governments ?

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Although the Governor is appointed by the President, it is most likely that the discretionary power can be used to displace elected governments ?

Since it has been subjected to judicial review, it is unlikely that Governor would use it randomly. However, yes for states operating on coalitions and wafer thin majorities, the floor tests may be more frequent. 

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