News:Recently,the Supreme Court has ordered a floor test in the Maharashtra Legislative Assembly.
Facts:
About the Floor Test:
- A floor test is the determination on the floor of the House whether the Chief Minister commands the support of the majority of the MLAs.
- This can be done by means of a voice vote or by recording the vote of each MLA in the House.This determination of majority is done in a sitting of the legislature for which the legislature has to be convened.
Who orders the convening of the Legislative Assembly?
- Under the Constitution,the Governor convenes the session of the legislature.
- But on multiple occasions in the past,the Supreme Court has ordered the convening of the Assembly to hold the floor test.
Who conducts the floor test in the Legislative Assembly?
- The proceedings of a legislature are presided over by the Speaker.
- Often, in cases where an immediate floor test is ordered,the election of the Speaker is taken up after the conclusion of the floor test.
- However,in the absence of a Speaker,the Governor appoints one of the MLAs as the pro tem Speaker to perform the duties of the Speaker.
Selection of Pro term Speaker:
- The Constitution gives the Governor’s discretion in the selection of pro tem speaker.
- On many occasions,Governors have appointed the most tenured MLA in the Assembly as the pro tem Speaker. However,this is only a convention with which Governors have broken in the past.