FLOOR TEST
- The floor test is a constitutional mechanism to ensure that the government is accountable to the legislature. It prevents the government from becoming authoritarian and allows the people to have a say in the government.
- The Speaker of the Assembly asks the members to vote whether they have confidence in the government.
- If the government gets a majority of votes, it is deemed to have passed the floor test. Otherwise, the government is defeated and has to resign.
- This is a crucial aspect of the constitutional framework that ensures the democratic functioning of the government
Here's how a floor test in a constitutional context typically works:
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No-Confidence Motion: A floor test is usually initiated when a no-confidence motion is submitted by the opposition or other members of the legislative body. This motion expresses a lack of confidence in the current Chief Minister (in the case of a state assembly) or the Prime Minister (in the case of the national parliament).
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Debate: Before the actual vote, there is often a debate during which members of the legislative body discuss the reasons for the no-confidence motion and the performance of the government. The Chief Minister or Prime Minister is given an opportunity to defend their government's actions and seek the support of the members.
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Voting: After the debate, a formal vote is conducted. Members of the legislative body, including ruling party members, opposition members, and independents, cast their votes. They can vote in favor of the government, against it, or abstain. The Chief Minister or Prime Minister must secure a majority of votes in their favor to continue in office.
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Outcome: If the Chief Minister or Prime Minister wins the majority of votes (i.e., they have the confidence of the legislative body), they remain in office. If they fail to secure a majority, they are required to resign, and the legislative body may take steps to form a new government, which could involve electing a new leader or calling for fresh elections.
- "Collective responsibility" is a fundamental principle in parliamentary systems of government, particularly in countries with a Westminster-style parliamentary system like the United Kingdom and India.
- It refers to the collective accountability of government ministers or members of the executive branch to the legislative body (parliament or a similar institution)
- In parliamentary systems, the executive branch of the government is headed by a Prime Minister or Chief Executive, and it includes various government ministers responsible for different portfolios (e.g., finance, foreign affairs, defense).
- These ministers, collectively known as the cabinet, are usually drawn from the majority party or coalition in the legislature
- Collective responsibility means that all members of the cabinet are collectively responsible for government policies and decisions.
- They act as a team and present a united front in support of government actions and policies, even if they personally disagree with them. This principle promotes the idea that the cabinet stands or falls together.
Key provisions of the Tenth Schedule include:
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Definition of Defection: The Tenth Schedule specifies the circumstances under which a member of a legislature (Member of Parliament or Member of a Legislative Assembly) can be disqualified on the grounds of defection. Defection is broadly defined as voluntarily giving up the membership of the political party on whose ticket the member was elected, or voting against the party's whip on certain significant matters.
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Disqualification: If a member of a legislature is found to have defected according to the provisions of the Tenth Schedule, they can be disqualified from their membership. The disqualification is determined by the Presiding Officer (Speaker in the case of the Lok Sabha or Legislative Assemblies) of the respective legislative body.
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Exemptions: There are certain situations in which defection is not considered grounds for disqualification. For example, if one-third or more members of a party decide to merge with another party, they are not disqualified. However, this exemption has certain conditions.
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Anti-Defection Tribunals: The Tenth Schedule allows for the establishment of Anti-Defection Tribunals to adjudicate disputes related to defection. These tribunals have the authority to decide on matters of disqualification.
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Decision of the Presiding Officer: The decision of the Presiding Officer regarding disqualification can be challenged in the courts. However, until the court makes a decision, the member remains disqualified.
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For Prelims: Tenth Schedule of Indian Constitution, Article 164
For Mains: 1.Discuss the significance of the Tenth Schedule of the Indian Constitution in the context of maintaining the integrity of political parties and promoting party discipline. How has it evolved since its inception, and what challenges does it address?
2.Explain the concept of a "floor test" in the Indian parliamentary system. How does it ensure the accountability of the government to the legislature? Provide recent examples where floor tests played a crucial role in Indian politics.
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Previous Year Questions
1.Which one of the following Schedules of the Constitution of India contains provisions regarding anti-defection? (UPSC CSE Prelims 2014)
(a) Second Schedule (b) Fifth Schedule (c) Eighth Schedule (d) Tenth Schedule Answer (d)
2.With reference to the Legislative Assembly of a State in India, consider the following statements: (UPSC CSE Prelims 2019 )
1. The Governor makes a customary address to Members of the House at the commencement of the first session of the year. 2. When a State Legislature does’ not have a rule on a particular matter, it follows the Lok Sabha rule on that matter. Which of the statements given above is/are correct (a) 1 Only
(b) 2 Only
(c) Both 1 and 2
(d) Neither 1 nor 2
Answer (c)
3.Which of the following are the discretionary powers given to the Governor of a State? (UPSC CSE Prelims, 2014)
1. Sending a report to the President of India for imposing the President’s rule 2. Appointing the Ministers 3. Reserving certain bills passed by the State Legislature for consideration of the President of India 4. Making the rules to conduct the business of the State Government Select the correct answer using the code given below. (a) 1 and 2 only
(b) 1 and 3 only
(c) 2, 3 and 4
(d) 1, 2, 3, 4
Answer (b)
Mains
1.Discuss the conditions for the exercise of the legislative powers by the Governor. Discuss the legality of re- promulgation of ordinances by the Governor without placing them before the Legislature. (UPSC Mains GS2, 2022)
2.The role of individual MPs (Members of Parliament) has diminished over the years and as a result healthy constructive debates on policy issues are not usually witnessed. How far can this be attributed to the anti-defection law, which was legislated but with a different intention? (UPSC Mains GS2, 2013)
3.“Once a speaker, Always a speaker’! Do you think the practice should be adopted to impart objectivity to the office of the Speaker of Lok Sabha? What could be its implications for the robust functioning of parliamentary business in India. (UPSC Mains GS2, 2020)
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