Supreme Court · 2020 INSC 335 · Decided 13 April 2020
Shivraj Singh Chouhan & ORS. v. Speaker Madhya Pradesh Legislative Assembly & ORS.
- Court
- Supreme Court of India
- Citation
- 2020 INSC 335 · [2020] 9 S.C.R. 787
- Case number
- WRIT PETITION (CIVIL) No. 439/2020
- Decided
- 13 April 2020
- Bench
- D.Y. CHANDRACHUD, HEMANT GUPTA (2-judge bench)
- Outcome
- Disposed off
- Case type
- Writ / Constitutional
- Acts & sections cited
- Constitution Article 174
Headnote
Constitution of India: Art.174 - Power of the Governor to call floor test - Scope of - Held: Power under Art.174 of the Constitution to summon the House and to prorogue is exercised by the Governor on the aid and advice of the Council of Ministers - But in Governor has reasons to believe that the Council of Ministers headed by the Chief Minister have lost the confidence of the House, constitutional propriety requires that the issue be resolved by calling for a floor test - The Governor in calling for a floor test cannot be construed to have
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