As floor test looms in Maharashtra, here’s what the governor can do

Amid the ongoing political turmoil that has turned a legal battle now, Maharashtra Governor could play a crucial role considering his powers under the Constitution.

Vibhuti SanchalaUpdated: Tuesday, June 28, 2022, 11:22 AM IST
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Maharashtra Governor BS Koshyari | Photo Credit: PTI

Amid the ongoing political turmoil that has turned a legal battle now, Maharashtra Governor could play a crucial role considering his powers under the Constitution to call for a floor test.

Maharashtra Governor Bhagat Singh Koshyari is likely to be approached for appointment of the state's Legislative Assembly Speaker within two days. Once the Protem Speaker is appointed, the Governor could also call for the floor test, asking the Maha Vikas Aghadi (MVA) government to prove majority in the House.

It is pertinent to mention here that under Article 175(2) of the Indian Constitution, the Governor has the power to summon the House and call for a floor test.

Can the Governor dissolve the State Assembly?

  • Supreme Court has ruled out that floor test is the best way to test majority. However, cabinet of a government with less majority cannot recommend dissolution of the House.

  • The Governor can also use his power and choose not to dissolve the Assembly.

If the Thackeray-led administration fails to prove majority, the rebel camp will subsequently stake claim by merging with BJP. The Governor can invite the two groups to form a government and then call for a floor test to prove majority.

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