MP Govt Formation: SC Says Guv Was Right in Ordering Floor Test

Kamal Nath and Shivraj Singh Chouhan.

(Photo: Altered by The Quint)

Hearing the Madhya Pradesh government formation case on Monday, 13 April, a Supreme Court bench headed by Justice DY Chandrachud said the governor was right in ordering the floor test and that it was necessary as the government had lost the majority.

In a 68-page judgment, the bench said it has “given a detailed judgment on Constitutional law and powers of the governor.”

“In the facts of this case, the governor was right in ordering a floor test. We have not accepted Dr Singhvi’s argument that the governor cannot pass an order. Governor is not taking any decision by himself. Governor is calling a floor test,” the Supreme Court said, as quoted by LiveLaw.

The bench observed that "continuous existence of confidence of the house" is necessary for the survival of the government, according to the publication.

"It is a matter which can brook no delay since the authority of the government presided over by the Chief Minister depends on the Council of Ministers continuing to have the faith of the legislative body as a collective entity", the bench said.

The Court also added that the power given to the Governor is not to destabilize a government and that the exercise of the power is not immune to judicial review.

The crisis in the state was precipitated by Jyotiraditya Scindia’s shift to the BJP along with 22 rebel MLAs.

The Supreme Court on 19 March had directed the Madhya Pradesh Assembly Speaker NP Prajapati to convene a special session the day after for conducting the floor test which must conclude by 5 pm.

The bench, also comprising Justice Hemant Gupta, had directed the police chiefs of Madhya Pradesh and Karnataka to provide security to the 16 rebel Congress MLAs if they choose to appear in Assembly for the trust vote.

Bharatiya Janata Party’s Shivraj Singh Chouhan on 24 March, won the confidence motion in the Madhya Pradesh Assembly. Not a single Congress MLA was present in the House for voting.

He took oath as the chief minister on Monday at Raj Bhavan in Bhopal. He was earlier elected the leader of the BJP legislative party, at a meeting held at the party office.

(With inputs from LiveLaw)