New Delhi: Rejecting former Madhya Pradesh CM Kamal Nath's and Congress's contentions, the Supreme Court on Monday affirmed that a governor has the power to call for a floor test and also exercise his power in the Assembly.
"There's no impediment to a governor asking a chief minister to show majority," the apex court said.
During the March 19 hearing, the SC bench said that if the government loses the majority when the Assembly was not in session, then governor has the power to direct the speaker to summon the Assembly.
"What happens when the assembly prorogues and the government loses its majority, then the Governor can call the Assembly," the bench said.
Senior advocate A M Singhvi said the governor has very limited power with regard to functioning of the Assembly and he can only summon, prorogue and dissolve the House, but he cannot intervene into the functioning of assembly which falls under the purview of the speaker.
The governor cannot ask the Speaker that you should do this, you should not do this, it is beyond his power, he said. However, he added, the governor has the right to summon the House but it cannot decide the functioning of the House.
Comments
0 comment