WHAT THE LAW SAYS

As the political turmoil intensifies in Madhya Pradesh, and the matter reaches the Supreme Court, questions about the governor and the speaker’s authority have arisen again. Here’s what the law says:

Can the decision of speaker on the floor of the house be questioned in the court? Can SC ask the speaker to get a floor test done?

■ The decision of the speaker regarding the proceedings on the floor of the house is usually final and cannot be questioned in a court of law.

■ However, the SC has, time and again, acknowledged that it can step in and order floor tests to be held within a specified time frame, particularly when there is possibility of horse trading.

■ The top court had ordered such floor tests in May 2016 to test the majority of the government in Uttarakhand and in May 2018 with respect to Karnataka.

■ Most recently, when the government formation in Maharashtra came before the SC in November 2019.

■ “In a situation wherein, if the floor test is delayed, there is a possibility of horse trading, it becomes incumbent upon the Court to act to protect democratic values. An immediate floor test, in such a case, might be the most effective mechanism to do so”, the court said in order of November 26 while ordering a floor test to be held the very next day.

Is there a time frame within which the speaker has to decide on the resignations?

There is no time prescribed in the Constitution for the speaker to decide on resignations.

Is the speaker required to hear each legislator in person before deciding on their resignations?

■ As per Article 190 of the Constitution, a lawmaker can resign his seat by “writing under his hand addressed to the speaker”. However, when the speaker has reasons to think that a resignation is not voluntary or genuine, he can hear the MLA in person to ascertain the genuineness of the resignation. Once it is demonstrated that an MLA is

■ willing to resign out of his free will, the speaker has no option. The satisfaction of the speaker with regard to resignation is subject to judicial review in such cases.