• A floor test is done to ensure whether the government in position enjoys the support of the majority legislature.
• When a single party secures the majority of the seats in the house, the Governor appoints the leader of the party as the Chief Minister (CM).
• In case the majority is questioned, the leader of the party (CM) which claims majority has to move a vote of confidence and prove majority among those present and voting.
• In case more than one person is claiming to form the government and the majority is not clear, the Governor may call for a special session to see who has the majority.
• In case of a tie, the Speaker casts his vote.
• The CM has to resign if they fail to prove the majority in the house.
• Hence, a floor test is a Constitutional mechanism (Article 164) under which a CM appointed by the Governor can be asked to prove majority on the floor of the Legislative Assembly of the state.
• When the House is in session, the Speaker has the authority to call a floor test. When the Assembly is not in session, the Governor may call for a floor test under Article 163.
• The SC, in the SR Bommai Case (1994), laid down certain guidelines so as to prevent the misuse of Article 356 of the Indian Constitution.
• One such guideline is - The majority enjoyed by the Council of Ministers shall be tested on the floor of the House.

Governor’s Call for a Floor Test

• Article 174 of the Constitution authorizes the Governor to summon, dissolve and prorogue the state legislative assembly.
• Article 174(2)(b) of the Constitution gives powers to the Governor to dissolve the Assembly on the aid and advice of the cabinet. However, the Governor can apply his mind when the advice comes from a Chief Minister whose majority could be in doubt.
• According to Article 175(2), the Governor can summon the House and call for a floor test to prove whether the government has the numbers.
• However, the Governor can exercise the above only as per Article 163 of the Constitution which says that the Governor acts on the aid and advice of the Council of Ministers headed by the Chief Minister.
• 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.
• Governor’s Discretionary Power
• Article 163 (1) essentially limits any discretionary power of the Governor only to cases where the Constitution expressly specifies that the Governor must act on his own and apply an independent mind.
• The Governor can exercise his discretionary power under Article 174, when the chief minister has lost the support of the House and his strength is debatable.
• Generally, when doubts are cast on the chief minister that he has lost the majority, the opposition and the Governor would rally for a floor test.
• On numerous occasions, the courts have also clarified that when the majority of the ruling party is in question, a floor test must be conducted at the earliest available opportunity.

SC’s Observations on the Governor''s Floor Test Call

• In 2016, the SC in Nabam Rebia and Bamang Felix vs Deputy Speaker case (the Arunachal Pradesh Assembly case) said that the power to summon the House is not solely vested in the Governor and should be exercised with aid and advice of the Council of Ministers and not at his own.
• The Court highlighted the facts that the Governor is not an elected authority and is a mere nominee of the President, such a nominee cannot have an overriding authority over the representatives of the people, who constitute the House or Houses of the State Legislature.
• In 2020, the Supreme Court, in Shivraj Singh Chouhan & Ors versus Speaker, Madhya Pradesh Legislative Assembly & Ors, 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.
• The Governor is not denied the power to order a floor test where on the basis of the material available to the Governor it becomes evident that the issue as to whether the government commands the confidence of the House requires it to be assessed on the basis of a floor test.