Floor Test and its Procedure
- A floor test (trust vote) is a constitutional mechanism to determine whether the Council of Ministers enjoys the confidence of the Legislative Assembly.
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- It is required when there is doubt over majority due to coalition instability, withdrawal of support, defection, or competing claims to form government.
- The Chief Minister moves a motion of confidence and must prove majority support among members present and voting, absentees are excluded.
- Voting may take place through voice vote, division vote (electronic/slip-based), or ballot vote depending on Assembly procedure.
- A composite floor test is conducted in a hung assembly when multiple groups claim majority and no clear government exists.
- If the Chief Minister wins, the government continues, if the CM loses, resignation of the Chief Minister and Council of Ministers follows.
- If no stable majority emerges, alternative government formation or President’s Rule under Article 356 may follow.
Governor’s Role in Floor Test and Government Formation
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- The Governor appoints the Chief Minister under Article 164(1) and plays a key role in government formation in hung assemblies.
- Under Article 163, the Governor acts on the aid and advice of the Council of Ministers except in constitutionally permitted discretionary situations.
- In case of a hung assembly, the Governor exercises situational discretion to invite a leader who is most likely to command majority support.
- The Governor may call for or direct a floor test when there is objective material indicating doubt over the majority of the government.
- The Governor cannot act on internal party disputes and must ensure that majority is tested only on the floor of the House.
Speaker’s Role in Floor Test
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- When the House is in session, the Speaker is the presiding authority responsible for conducting and regulating the floor test.
- The Speaker ensures orderly conduct of proceedings and decides the voting procedure (voice vote, division vote, or electronic voting).
- The Speaker may exercise a casting vote (Article 189) in case of a tie, as per constitutional and procedural rules.
- In 2020, the Supreme Court in Shivraj Singh Chouhan & Ors versus Speaker 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.
