Supreme Court of India
Shivraj Singh Chouhan & Ors. v. Speaker Madhya Pradesh Legislative Assembly & Ors.
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1 Supreme Court bench has cited this judgment.
What the Court ordered
We are of the view that in order to facilitate a trust vote for which the twenty-two Members should be free to participate in the house s hould SHIVRAJ SINGH CHOUHAN v.
Judgment, page 61
From the headnote
Constitution of India: Art.174 – Power of the Gover nor to call floor test – Scope of – Held: Power under Art. 174 of the Constitution to summon the House and to prorogue is exer cised by the Governor on the aid and advice of the Council of M inisters – But in a situation where the Governor has reasons to b elieve that the Council of Ministers headed by the Chief Minister have lo st the confidence of the House, constitutional propriety requi res that the issue be resolved by calling for a floor test – The Gover nor in calling for a floor test cannot be construed to have acted beyond the
Authorities it was built on
Where later benches applied it
Of those, 1 referred to
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