What is a floor test, which Nitish Kumar won in the Bihar Legislative Assembly?

What is a floor test?

A floor test (also called a ‘trust vote’) is held in legislative bodies, to find out whether the government that is suspected to have lost the majority still retains the confidence of the House. This is done through a vote among the members.

As The Indian Express earlier reported, “When the House is in session, it is the Speaker who can call for a floor test. But when the Assembly is not in session, the Governor’s residuary powers under Article 163 allow him to call for a floor test.”

Further, “In 2020, the Supreme Court, in Shivraj Singh Chouhan & Ors versus Speaker, Madhya Pradesh Legislative Assembly & Ors, upheld the powers of the Speaker to call for a floor test if there is a prima facie view that the government has lost its majority.”

What happens during a floor test?

In case the majority held by the government is questioned, the leader of the party which claims to have the majority has to move a vote of confidence and prove a majority among those present and voting.

The CM moves a motion seeking a vote of confidence, on which MLAs who are present in the House vote. If the majority of members vote in favour, the government survives; if the CM loses the vote, the government has to resign. This happens both in Parliament and the state Legislative Assemblies.

Voting can be conducted by either a voice vote, in which MLAs respond to the motion verbally. Voting electronically involves the casting of votes by pressing a button, after which the numbers for each side are displayed on a board. In a physical division of votes, lawmakers cast votes in a ballot box, which are then counted.

Also in situations when there are differences within a coalition government, the Governor can ask the Chief Minister to prove majority in the house.

There is another test, the Composite Floor Test, which is conducted only when more than one person stakes a claim to form the government. When the majority is not clear, the governor might call for a special session to see who has the majority. The majority is counted based on those present and voting. This can also be done through a voice vote where the member can respond orally or through division voting. Some legislators may be absent or choose not to vote.

In division vote, voting can be done through electronic gadgets, ballots or slips. The person who has the majority will form the government. In case of a tie, the speaker can also cast his vote.

Why is a floor test happening in Bihar?

In late January, Kumar said, “I have resigned and put an end to (Mahagathbandhan) government…Things were not going well. Everyone was in favour of breaking this alliance…we had forged a new alliance (in August 2022) but it too was not working well. I had been working a lot for Bihar and also worked for the new alliance (INDIA bloc) but it too, had not been working out well.”

At present, the RJD is the biggest party with 79 seats, followed by the BJP with 78 seats. JD(U) has 45 seats and the Congress has 19.

In a 243-member Bihar Assembly, obtaining a majority means having at least 122 seats. The NDA government claims to have a majority, with 128 members supporting the BJP-JD(U) alliance, while the strength of the ‘Mahagathbandhan’ has been reduced to 114.