Marking the Imprecise Territory of Gubernatorial Discretion to Call for a Trust Vote

Under the Indian Constitution, Governors are obligated to act with the aid and advise of the state Council of Ministers except in those matters where they have been conferred discretionary powers. Acting as a ‘linchpin of the constitutional apparatus’, the Governors are expected to ensure that their state functions in conformity with the principles of parliamentary democracy and the Council of Ministers enjoy the confidence of the House at all times. Floor tests have become a conventional way of ensuring such congruity. Reports of the Inter-State Councils and judicial pronouncements have attempted to define the ambit of gubernatorial discretion in summoning an incumbent Assembly for a floor test; however, it lacks precision. This paper argues that the process of summoning the assembly for a ‘floor test’ must be driven by the choices of elected legislators rather than the Governors’ subjective satisfaction. Towards this end, it proposes a four-level formula, with special emphasis on envisaging certain rights for the opposition parties, that must be followed by the Governors to facilitate parliamentary oversight over the executive