The Supreme Court is the highest within the hierarchy of courts in many legal jurisdictions. The decisions of the supreme court are not subjected to further review by any other court as it possesses the highest degree of faith by the citizens. The Supreme court proves it again by giving a commendable judgment on the matter of the Maharashtra Political Crisis regarding the authenticity of the Floor test in the Maharashtra assembly.
In this judgement, the Supreme Court has refused to stay on the floor test in the Maharashtra Assembly where the Supreme Court specifically said that they didn’t find any ground to stay put on the floor test. The proceeding of the trust vote or floor test is to be convened on 30/06/2022 and will be subject to the final outcome of the instant writ petitions such as the cancellation of membership of 16 rebel MLAs, against disqualification notice and against the order of the Governor.
A petition objected to the power of the Governor’s order on conducting floor tests. As Senior advocate, Abhishek Manu Singhvi said “The Speaker is always a suspect but the Governor is a holy cow, the Governor is never wrong but the Speaker designated under 10th Schedule is Political.”
Advocate Anoop George Chaudhari said that “Governor is not a leader and general secretary of the parliament is not a subordinate to him and by ordering a floor test Governor is bypassing Supreme Court orders.”
Though Supreme Court faced many petitions or arguments challenging the Governor’s power, the Supreme Court once again maintains the supremacy of houses and the authenticity of the Indian Constitution in a democratic country and once again proved to the citizens that there is nothing above the law by keeping the power of government authority a priority and words of the Constitution which states that the “executive power of the State shall be vested in the Governor and shall be exercised by him either directly or through officers subordinate to him in accordance with the Constitution of India: (Article 154).”
This is not the first time when Supreme Court proved its unbiased nature, in previous judgements like the Madhya Pradesh Government Political Crisis, 2020 where the Supreme Court ordered the floor test to be conducted in a peaceful manner, ensuring that no breach of law and order take place and affirmed that no hindrance to any of the MLAs in taking recourse and liberties as a citizen while moving them back to Madhya Pradesh.
In the Karnataka Assembly case, the judgment was given by the Supreme Court stating that the Speakers/Chairmen hold an important position in the scheme of parliamentary democracy and are guardians of the rights and privileges of the House. They are expected to take far-reaching decisions in the Parliamentary democracy. Also, the Supreme Court directed the appointment of a Protem Speaker for the purpose of conducting the floor test.
In Maharashtra Political Crisis, 2019 the court emphasized the requirement for imbibing Constitutional mortality by curtailing undemocratic and illegal practices in the political arena. It stated that if the floor test is delayed there is a possibility of horse-trading and it becomes necessary for the court to act so as to protect the democratic values.
Even in Nabam Rebia the most pointed out case in the Maharashtra Political crisis, the judgement by the Supreme Court held that the Governor is bound to convene a meeting of the assembly for a floor test on the recommendation of the Cabinet.
The Supreme Court never failed in providing justice and maintaining faith for citizens. Not only this Supreme Court always put the concerns of the people at priority and conducted the hearing of the case urgently.
Some are unsatisfied and some are satisfied with the orders of the Supreme Court in Political crisis matters but keeping all the views aside the Supreme Court decided to prove its supremacy by giving fair judgment. The Supreme Court never fails to do justice to its legacy in the judicial system, I believe.
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