SC upholds Guv's decision asking Kamal Nath govt to hold floor test

The Supreme Court on Monday upheld Madhya Pradesh Governor Lalji Tandon's decision asking the then Kamal Nath-led Congress government to prove majority, saying the governor has the power to call for a floor test.

The top court, which had on March 19 asked Madhya Pradesh Assembly Speaker N P Prajapati to reconvene a special session the next day with a sole agenda of conducting the floor test, gave a detailed order on Monday.

Following the apex court order, senior Congress leader Kamal Nath had resigned on March 20, after 15 months of taking over as Chief Minister of Madhya Pradesh, which paved the way for formation of BJP government in the state led by Shivraj Singh Chauhan.

On Monday, a bench of Justices D Y Chandrachud and Hemant Gupta, in its detailed verdict rejected the submission of the then Kamal Nath government that governor at best can call session of assembly but cannot direct for holding floor test in the running house.

The top court relied on its landmark nine-judge S R Bomai verdict of 1994 and said that governor was right in calling for holding of trust vote.

It said that there is no impediment to a governor asking a chief minister to hold a floor test, if he is of prima facie view that the government has lost majority.

Based on the resignation of six ministers of the incumbent government (accepted by the Speaker), the purported resignation of sixteen more Members belonging to the Congress, and the refusal of the Chief Minister to conduct a floor test despite the House having been convened on March 16, 2020, the exercise of power by the Governor to convene a floor test cannot be regarded as constitutionally improper, the bench said. 

BJP leader Jyotiraditya Scindia being felicitated by party leader Shivraj Singh Chauhan. PTI

It said, the Governor is an appointee of the President but does not represent either a political ideology or a political view and the Governor is expected to discharge the role of a constitutional statesman. The authority of the Governor is not one to be exercised in aid of a political dispensation which considers an elected government of the day to be a political opponent.

The bench said the governor's decision is not immune from judicial review and can be scrutinized on whether it was based on relevant and germane material.

It dealt with the facts of Madhya Pradesh political crisis and said that the then Chief Minister Kamal Nath, adverting to the turmoil in the state, addressed a communication to the Governor on March 13, stating that convening of the floor test would be a sure basis for resolving the conundrum.

On March 19, the top court had observed that the "state of uncertainty must be effectively resolved by issuing a direction for convening a floor test".

It had directed that there shall be "single agenda" before the assembly whether the Congress government continues to enjoy the confidence of the House and the voting shall take place by "show of hand".

The top court had issued as many as eight interim directions after the conclusion of two-day hearing on cross pleas of senior BJP leader Shivraj Singh Chouhan and of MP Congress party and said that detailed judgement will be given later.