Legal issue-

a. Whether disqualification of MLAs vests within the powers of the Speaker?

b. Is the governor’s authority to ask someone to form the government subject to judicial review?

The court held that -

The Court ruled that as the legislature had jurisdiction over the matter, the Governor should not look into the legitimacy of the legislature’s actions. Article 163 places restrictions on the Governor’s discretionary authority. The court further held that the decision to call for a floor test should be based on objective material and reasons which are relevant and germane to the exercise of discretion, and not extraneous to it. The Governor should not use their discretionary power to destabilise or displace democratically elected governments.

Floor test- The discretion vested in the Governor to call for a floor test is not unfettered, and must be exercised with circumspection, in accordance with the limits placed on it by law. The Governor is a constitutional functionary who derives his authority from the Constitution. Therefore, he cannot exercise a power that is not conferred on him by the Constitution or a law made under it.