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Can Center/Governor/President dismiss state governments without floor test in the Assembly?

The Uttarakhand Governor has dismissed the Uttarkhand Government . The floor test was scheduled for today, but it didnt take place. Can Center/Governor/President dismiss governments without floor test in the Assembly? What are the legal issues involved. Are there any Supreme Court guidelines in such cases?

Comments

  • Can Center/Governor/President dismiss governments without floor test in the Assembly?

    No. At least after SC guidelines regarding use of Art. 356 in the S.R. Bommai vs Union Of India, 1994 case under which floor test is mandatory.

    Others may chip-in with their views on the political agenda of the Union Govt. behind such a move i.e. abuse and misuse of the President's rule.
  • sc in sr Bomani vs uoi-The only place to check majority is floor of house
    But kya karoge bhaya ours is a parliamentary democracy
    n under art 74 of Coi-the president "shall"act in accordance to advice given by com headed by Pm.
  • If the governor fears for horse trading as in case of Uttarakhand, then based on such report by Governor centre can recommend Presidents rule.
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