Summary
In a challenge to the formation of the Maharashtra Government, the Supreme Court ordered an early floor test as interim relief. A month had elapsed since election results without elected members taking oath. To reduce uncertainty and the possibility of horse trading, the Court required the confidence question to be resolved in the Assembly on 27 November 2019. Maintainability, the extent of judicial review and the validity of the Governor’s satisfaction were reserved for later adjudication.
Issues
- Whether urgent interim directions for a floor test were warranted pending adjudication of constitutional objections.
- Whether Article 212 prevented the requested intervention in these circumstances.
Provisions considered
- Article 212, Constitution of IndiaThe procedural-immunity objection did not apply on its face: no act of a legislative officer or member was challenged in the petition. (¶ 22)
Held
- Where delay in testing confidence creates the possibility of horse trading, an immediate floor test can protect democratic values. The emergent facts justified interim directions here. (¶¶ 20, 21, 27)
- The issues of maintainability, extent of judicial review and validity of the Governor’s satisfaction remained for adjudication at an appropriate time. (¶ 17)
- A pro-tem Speaker was to be appointed, elected members sworn before 5 p.m. on 27 November 2019, and the floor test conducted immediately thereafter without secret ballot and with live telecast. (¶ 27)
Result
Interim directions issued for a floor test on 27 November 2019 after administration of members’ oaths before 5 p.m., under a pro-tem Speaker, without secret ballot and with live telecast. Respondents received eight weeks for counter-affidavits, with four weeks thereafter for rejoinder; listing was directed after twelve weeks.