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Daily News Analysis

FLOOR TEST

13th February, 2024 POLITY AND GOVERNANCE

FLOOR TEST

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Context

  • A floor test was held in the Bihar Legislative Assembly. Bihar Chief Minister Nitish Kumar won the vote, proving the Bihar MLAs’ faith in his newly formed government.

Floor Test

  • A floor test, also known as a 'trust vote,' is a crucial procedure conducted in legislative bodies to determine whether the ruling government still holds the confidence of the House.
  • It serves as a mechanism to ascertain whether a government, suspected of losing its majority, still retains the support of the majority of legislators.

Authority to Call for a Floor Test

  • During a legislative session, the Speaker possesses the authority to initiate a floor test.
  • In situations where the Assembly is not in session, the Governor is empowered by Article 163 to call for a floor test.

Legal Precedent

  • The Supreme Court, in the case of Shivraj Singh Chouhan & Ors versus Speaker, Madhya Pradesh Legislative Assembly & Ors (2020), affirmed the Speaker's authority to call for a floor test when there is a prima facie indication of the government losing its majority.

Procedure During a Floor Test

  • When the legitimacy of the ruling government's majority is questioned, the leader of the party claiming majority support must move a vote of confidence.
  • The Chief Minister initiates a motion seeking a vote of confidence, where present MLAs cast their votes.
  • If the majority of members vote in favor, the government retains power; otherwise, the Chief Minister must resign.
  • Various methods, including voice voting, electronic voting, and physical division of votes, are utilized to conduct the voting process.

Special Circumstances and Composite Floor Test

  • In cases of internal discord within a coalition government, the Governor may demand the Chief Minister to demonstrate majority support.
  • A Composite Floor Test is conducted when multiple contenders stake claim to form the government. It is held during a special session to determine the majority based on those present and voting, utilizing methods such as voice voting or division voting.
  • In the event of a tie, the Speaker may exercise a casting vote to break the deadlock.

PRACTICE QUESTION

Q. What is the authority responsible for initiating a "floor test" during a legislative session?

a) The Prime Minister

b) The President

c) The Speaker

d) The Chief Justice

Correct Answer:

c) The Speaker