Constitutional recourse to state crisis

Q.  Failing of Money Bill obliges the Chief Ministers to resign, but if they don’t resign then which of the following is/are the course/s of action most appropriate?

1) Floor test
2) No-Confidence Motion
3) President’s Rule as per article 356 and 365
- Published on 22 Apr 16

a. 1, 2
b. 1, 3
c. 2, 3
d. All of the above

ANSWER: 1, 2
 
  • Emphasising the importance of a floor test for upholding democracy, a High Court Bench said that failing of Money Bill obliges the Chief Ministers to resign, but if they don’t resign then you either bring a no confidence motion or the Chief Minister is asked to seek confidence through a floor test.
  • The Bench observed that on many occasions governments don’t resign. They’ve developed a thick skin. If they don’t resign then that’s not a matter to be seen by the President.
  • Though president’s Rule can be applied. It may be termed unconstitutional if the reasons are not strong enough.

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