Tuesday, February 14, 2017

TN political crisis: What do floor test and composite floor test mean?

TOI 

CHENNAI: V K Sasikala's conviction and the ever-changing political scenario in Tamil Nadu has seen a lot of legal jargon being flung around. Composite floor test, floor testand vote of confidence are some of the terms that people have has been hearing through the day. What do these terms mean and what spell for TN's future? Here's a look:

President's Rule

Article 356 of the Indian Constitution states that a governor can request for the President to take control of the state -- President's Rule -- if he feels that the state machinery has broken down. Since the President is usually appointed by the Centre, President's Rule may be looked as the Centre running the state.

In order to protect the federal structure and prevent misuse of power by the Centre, the Supreme Court ruled that the constitutional machinery should be tested on the floor of the Legislative Assembly of the state by votes.

Former Secretary-General of the Lok Sabha, Subash Kashyap, explains:

What is floor test?

The  chief minister appointed by the governor can be asked to prove his majority in case of doubt. In the 2016 elections, AIADMK won 134 out of 234 seats. With absolute majority, there were no questions asked and AIADMK leader J Jayalalithaa became the chief minister and formed the government. In situations where the majority can be questioned (for instance, when there is a coalition government), the governor may ask the chief minister to prove his/ majority in the House. In that case, the chief minister has to move a vote of confidence and win a majority among those present and voting.

What is composite floor test?

If there is more than one person staking claim to form the government and the majority is not clear the governor may call for a special session to see who has the majority. Some legislators may be absent or choose not to vote. The majority is then counted based on those present and voting. This can be done through a voice vote, where the legislators respond orally, or through a division vote.

In case of a division vote, voting can be done using electronic gadgets, slips or in a ballot box. Ballot box is usually a secret voting - just like how people vote during state or parliamentary elections. The person who has the majority will be allowed to form the government. In case there is a tie, the speaker can cast his vote.

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