MP Floor Test: Supreme Court leads assembly session tomorrow, floor test before 5pm | India News
A bank, led by Judge D Y Chandrachud, also ordered the video recording and possible live broadcast of the Assembly’s proceedings when the Congressional government led by Kamal Nath conducts the floor test.
The bank, which also includes Judge Hemant Gupta, has ordered Madhya Pradesh and Karnataka police chiefs to provide security to the 16 congressional MLA rebels if they choose to appear in the Assembly for the vote of confidence.
The bank also ordered that the Assembly have a single-point agenda for the floor test and that no obstacle be created for anyone.
He asked the Secretary of the State Assembly to ensure that there is no violation of law and order.
Earlier that day, the high court suggested that the President should interact with congressional rebel MLAs via video link, or the court may appoint an observer to allay fear that lawmakers are in captivity.
However, the President refused to accept the proposal.
The bank said it can create conditions to ensure that the rebels’ “exercise of will” is “truly voluntary.”
“We can name an observer for Bangalore or another place so that the rebel MLAs can connect to the speaker via videoconference, after which he can decide,” the bank said.
He also asked the President if there was any investigation into the resignation of the rebel MLAs and what decision he has made about them.
Lead attorney A M Singhvi, who appeared for the President, said the day the court begins to give him an address with a limited deadline, it will be constitutionally problematic.
The lawyer who appeared for Governor Lalji Tandon told the bank that Nath was “sitting off to the side” in the turn of events and that it is the president who is “leading the political battle” in court.
The bank asked all parties how a speaker’s decision on MLA resignation and disqualification matters affects the floor test.
He said that the constitutional principle that arises is that there is no restriction on the vote of confidence due to the resignation or disqualification pending before the President. He said, therefore, that the court will have to turn around and see if the Governor acted beyond the powers vested in him.
During the hearing, the bank said that if the government loses the majority when the Assembly is not in session, the Governor has the power to order the President to convene the Assembly.
“What happens when the assembly is extended and the government loses its majority, then the governor can call the assembly,” the bank said.
Singhvi said that the Governor has very limited power regarding the operation of the Assembly and that he can only convene, extend and dissolve the House, but that he cannot intervene in the operation of the assembly that is within the reach of the speaker.
The Governor cannot ask the President to do this, he must not do this, it is beyond his power, he said.
However, he added, the Governor has the right to call the House but cannot decide how the House works.
The statement presented by former Madhya Pradesh Prime Minister Shivraj Singh Chouhan and nine BJP lawmakers was transferred to the superior court just after the President cited concerns about the coronavirus and adjourned the House until March 26 without Take the floor test seemingly defying Governor Lalji Tandon’s instructions.
On Saturday night, Tandon wrote to Nath asking him to seek a vote of confidence in the Assembly shortly after the governor’s speech on Monday, saying that his government was a minority.
After the president accepted the resignation of six members of Congress on Saturday, the party now has 108 lawmakers.
These include 16 rebel lawmakers who have also submitted their documents, but their resignations have yet to be accepted.
The BJP has 107 seats in the Chamber, which now has an effective force of 222, with a majority mark of 112.