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Supreme Court of India 2020-04-13 partly_allowed

Shivraj Singh Chouhan & Ors vs Speaker Madhya Pradesh Legislative Assembly & Ors

Bench: 2 — Dhananjaya Y Chandrachud, Hemant Gupta

In Brief

The Supreme Court upheld the Governor's authority to order a floor test (trust vote) in the Madhya Pradesh Legislative Assembly during an ongoing session to determine whether the Chief Minister retained majority support. Twenty-two Congress members had tendered resignations amid allegations they were coerced by the BJP. The Court held that while Governors ordinarily act on ministerial advice, when credible grounds exist that a government has lost the House's confidence, the Governor may order a floor test. This power is not limited to post-election scenarios. The Court rejected claims that such an order undermined the Speaker's authority over resignations or violated members' rights, while directing authorities to ensure members could participate freely without coercion or restraint.

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Constitutional Law Parliamentary Procedure Gubernatorial Powers Floor Test Government Formation Legislative Assembly Defection

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