The Supreme Court told the Centre on Tuesday to apprise it of the feasibility of holding a floor test in the Uttarakhand assembly under its supervision.
A bench headed by justice Dipak Misra adjourned till May 4 the hearing on the Centre’s appeal against the Uttarakhand high court verdict revoking President’s rule in the state. The court told attorney general Mukul Rohatgi that it had posed seven questions on April 27 and asked him to revert on the possibility of a floor test. Rohatgi had then opposed the suggestion.
The court referred to its verdict that held dissolution of the Bihar assembly in 2005 unconstitutional and laid down principles to be followed for a floor test to determine the strength of the ruling party. “In the wake of the judgment (Rameshwar Prasad) why don’t you think about having a floor test? Let it be under our supervision,” the bench told Rohatgi who promised to respond on Wednesday.
At the last hearing, the court directed the continuation of President’s rule. It sought to know if the governor could have sent a message to conduct a floor test and if a delay in the test could be a ground for the proclamation of President’s rule in the state.
Another question posed was if the disqualification of MLAs by the speaker was a relevant issue for the purpose of imposing central rule and if the President could take note of proceedings in the state assembly.
On March 27, the Centre clamped President’s rule in the state citing a constitutional breakdown in the wake of a rebellion in the ruling Congress. Nine MLAs of the ruling party joined BJP legislators to claim that the Harish Rawat government had lost majority in the assembly due to the non-passage of a money bill.