‘Floor test’ may finally reach Court

In the floor test that transpired at the Tamil Nadu Assembly, the major aspect that stood out was the demand to first allow AIADMK MLAs to visit their respective constituencies as they have been herded in a resort for over a week and then hold the Assembly session for the confidence vote. The reason behind the demand was to enable the MLAs exercise a vote out of their free will. 

Senior Advocate P Wilson, said “The government was given 15 days to prove the trust vote and the fact that they preferred to do it within a couple of days is indication enough that the MLAs concerned were not allowed to exercise their free will. They were all brought directly from the resort for the trust vote while they should have been offered time to visit their constituency and then make their choice.” 

Another aspect that had led to a chaotic situation in the Assembly was the Speaker’s failure to agree to the demand of a secret ballot. It was pointed out that a secret ballot to some extent will offer the MLAs some freedom to make a better choice since the threat factor they had been reportedly subjected to would have dissipated to some extent.

As of now, legal experts note that based on the ‘ugly happenings’ that transpired in the Assembly, the Governor can still take a call on the issue as the floor test has been done after the en masse removal of the Opposition. Wilson notes that “it is up to the Governor to take into consideration the way the MLAs were herded and above all, the way the MLAs including the Opposition Leader were manhandled and call for a fresh floor test.” 

Courts playing a leading role in resolving political turmoil caused by splits in a ruling party is nothing new especially if one had to relate to the crises that had emerged in Arunachal Pradesh and Uttarakhand. It is being pointed out that since several illegalities have transpired including the removal of the Opposition the issue is bound to be taken up for legal intervention and remedy. 

The last succession struggles between the Janaki and Jayalalithaa factions within the AIADMK in 1988 had led to unprecedented violence in the house leading to the imposition of President’s rule. But this time around, though nothing of that kind has emerged, the scope of legal scrutiny is very much on the cards.