Floor test in the Bihar Legislative Assembly

What’s in today’s article?

•  Why in news?
• What is floor test?
• What happens during a floor test?
• Why in news?

Why in news?

• Amid the ongoing political shift in Bihar, a floor test was held in the Bihar Legislative Assembly on February 12. Bihar Chief Minister Nitish Kumar won the vote.

Floor test

• About
  • A floor test is a Constitutional mechanism under which a CM appointed by the Governor (Article 164) can be asked to prove majority on the floor of the Legislative Assembly of the state.
    • A floor test is also called a ‘trust vote’.
    • It is held in legislative bodies, to find out whether the government that is suspected to have lost the majority still retains the confidence of the House.
  • This is done through a vote among the members.
• Authority to call for a floor test
  • 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.
• Constitutional provisions regarding floor test
• There are two provisions in the Indian Constitution that deal with a Governor’s power to summon, prorogue and dissolve a Legislative Assembly.
• Under Article 174, a Governor shall summon the House at a time and place, as s/he thinks fit.
  • Article 174 (2) (a) says a Governor may from time to time prorogue the House and Article 174 (2) (b) allows her or him to dissolve the Legislative Assembly.
• Article 163 says the Governor shall exercise her or his functions with the aid and advice of the Council of Ministers.
  • But it also adds that s/he would not need their advice if the Constitution requires her or him to carry out any function at her/his discretion.
• Articles 174 and 163 are usually read together to outline the Governor's powers in summoning, proroguing or dissolving the House.
• Floor test and SC judgement
  • In 2020, the Supreme Court, in Shivraj Singh Chouhan 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.

What happens during a floor test?

• Vote of confidence
  • If the government's majority is doubted, the leader of the party claiming the majority must ask for a vote of confidence.
    • They have to show they have more support among those who are present and voting.
  • The CM moves a motion seeking a vote of confidence, on which MLAs who are present in the House, vote.
  • If the majority of members vote in favour, the government survives; if the CM loses the vote, the government has to resign.
  • This happens both in Parliament and the state Legislative Assemblies.
• Voting methods
  • Voting can be conducted by either a voice vote, in which MLAs respond to the motion verbally.
  • Voting electronically involves the casting of votes by pressing a button, after which the numbers for each side are displayed on a board.
  • In a physical division of votes, lawmakers cast votes in a ballot box, which are then counted.
• Composite Floor Test
  • The Composite Floor Test is conducted only when more than one person stakes a claim to form the government.
  • When the majority is not clear, the governor might call for a special session to see who has the majority.
    • The majority is counted based on those present and voting.
    • Some legislators may be absent or choose not to vote.
  • This can also be done through a voice vote where the member can respond orally or through division voting.
    • In division vote, voting can be done through electronic gadgets, ballots or slips.
  • The person who has the majority will form the government.
  • In case of a tie, the speaker can also cast his vote.

Q1) What is Article 174 of Indian Constitution?

Article 174 of the Constitution of India gives the Governor the power to summon, dissolve, and prorogue the state legislative assembly.

Q2) What is Composite Floor Test?

The Composite Floor Test is conducted only when more than one person stakes a claim to form the government. When the majority is not clear, the governor might call for a special session to see who has the majority.

Source: What is a floor test, which Nitish Kumar won in the Bihar Legislative Assembly? | Indian Express | The Print