The Supreme Court of India on Monday upheld the order of Governor Lalji Tandon to conduct floor test in the Assembly to the Kamal Nath government in Madhya Pradesh. The court said that the governor has the right to order a floor test in the middle of the assembly session.
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It was further said about this matter that when the Governor realizes that it is necessary to ascertain the majority of the present government, then he can order the floor test. The Supreme Court said that Rajpal's decision is not outside the scope of judicial trial. A bench of justices DY Chandrachud and Justice Hemant Gupta said in a 68-page judgment that it is not correct to say that the governor has the right to conduct floor tests only on the recommendation of the cabinet. The Governor has the right to call the session on the advice of the Cabinet and end the session.
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Regarding the floor test, the court further said that if such a situation comes, when the governor feels that the cabinet headed by the chief minister has lost his majority in the house, then showing the constitutional discipline, the governor has the right to order the floor test. However, the court has said that the governor should use this right very carefully and on facts. The Supreme Court has passed these detailed orders in the case of the recent political crisis in Madhya Pradesh.
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