Case Note & Summary
The case arose from a political crisis in Madhya Pradesh where 22 Members of the Legislative Assembly (MLAs) belonging to the Indian National Congress (INC) purportedly resigned, and the Governor directed the Chief Minister to hold an immediate floor test. The INC alleged that the MLAs were held captive by the Bharatiya Janata Party (BJP) in Bengaluru. The Supreme Court considered the validity of the resignations, the Governor's power to direct a floor test, and the necessity of a trust vote. The Court held that the Governor's directions were not binding on the Speaker and that the floor test must be conducted according to Assembly rules. It directed a floor test to be held on 17 March 2020 to resolve the constitutional impasse, emphasizing that the Chief Minister must prove his majority on the floor of the House. The Court also noted that the resignations required verification by the Speaker.
Headnote
A) Constitutional Law - Governor's Powers - Floor Test - Articles 174, 175 of the Constitution of India - Governor directed Chief Minister to hold floor test immediately - Court held that Governor's communication was not binding on the Speaker and that floor test must be conducted in accordance with Assembly rules - Held that the Governor exceeded his powers by directing the mode of voting (Paras 5-7). B) Constitutional Law - Resignation of Members - Validity - Tenth Schedule of the Constitution of India - Resignations of 22 MLAs submitted to Speaker by BJP leaders - Court noted that resignations must be voluntary and accepted by Speaker after due inquiry - Held that resignations cannot be presumed valid without verification (Paras 3-4). C) Constitutional Law - Floor Test - Necessity - Article 164 of the Constitution of India - Chief Minister must prove majority on floor of House - Court directed floor test to be held on 17 March 2020 by division or voice vote - Held that floor test is essential to resolve constitutional impasse (Paras 7-8).
Issue of Consideration
Whether the Governor can direct a floor test and whether the Speaker must comply with such direction; validity of resignations of 22 MLAs; legality of alleged confinement of MLAs
Final Decision
The Supreme Court directed that a floor test be held on 17 March 2020 at 11 AM by division or voice vote, and that the proceedings be videographed. The Court held that the Governor's directions were not binding on the Speaker and that the resignations required verification.
Law Points
- Constitutional morality
- floor test
- Governor's powers under Article 174 and 175
- Speaker's discretion
- resignation validity
- anti-defection under Tenth Schedule
