Why is it in the News?

Bihar Chief Minister Nitish Kumar's coalition government with the Bhartiya Janata Party (BJP) on Monday won a crucial trust vote in the Bihar Assembly.

What is a Floor Test?

• A floor test (also called a ‘trust vote’) is held in legislative bodies, to find out whether the government that is suspected to have lost the majority still retains the confidence of the House.
  • This is done through a vote among the members.
• When the House is in session, it is the Speaker who can call for a floor test but when the Assembly is not in session, the Governor’s residuary powers under Article 163 allow him to call for a floor test.”
• Further, “In 2020, the Supreme Court, in Shivraj Singh Chouhan & Ors versus Speaker, Madhya Pradesh Legislative Assembly & Ors, upheld the powers of the Speaker to call for a floor test if there is a prima facie view that the government has lost its majority.”

What Happens During a Floor Test?

• In case the majority held by the government is questioned, the leader of the party which claims to have the majority has to move a vote of confidence and prove a majority among those present and voting.
• The CM moves a motion seeking a vote of confidence, on which MLAs who are present in the House vote.
  • If the majority of members vote in favour, the government survives;
  • If the CM loses the vote, the government has to resign.
• This happens both in Parliament and the state Legislative Assemblies.
• Voting can be conducted by either a voice vote, in which MLAs respond to the motion verbally.
  • Voting electronically involves the casting of votes by pressing a button, after which the numbers for each side are displayed on a board.
  • In a physical division of votes, lawmakers cast votes in a ballot box, which are then counted.
• Also in situations when there are differences within a coalition government, the Governor can ask the Chief Minister to prove majority in the house.
• There is another test, the Composite Floor Test, which is conducted only when more than one person stakes a claim to form the government.
  • When the majority is not clear, the governor might call for a special session to see who has the majority.
  • The majority is counted based on those present and voting.
  • This can also be done through a voice vote where the member can respond orally or through division voting.
  • Some legislators may be absent or choose not to vote.
• In division vote, voting can be done through electronic gadgets, ballots or slips.
• The person who has the majority will form the government.
  • In case of a tie, the speaker can also cast his vote under Article 100 of the constitution.