Chapter

Dismissing a Chief Minister: The UP Case<sup>1</sup>

A.G. Noorani

in CONSTITUTIONAL QUESTIONS AND CITIZENS' RIGHTS

Published in print January 2006 | ISBN: 9780195678291
Published online October 2012 | e-ISBN: 9780199080588 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780195678291.003.0062
Dismissing a Chief Minister: The UP Case1

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This chapter analyses the dismissal of the Chief Minister of Uttar Pradesh (UP) Kalyan Singh on the report of Governor Bhandari. The Lucknow bench of the Allahabad High Court held the governor's action to be unconstitutional, and ordered restoration of the dismissed government. It was left to the governor to summon the house for a vote of confidence. A 3-member bench of the Supreme Court ordered, a day later, a composite floor test, which was unprecedented and without the sanction of the Constitution. Kalyan Singh won the floor rest, but the Court's decision to allow the composite floor test, not quashing Governor Bhandari's order caused some disquiet. The whole episode highlighted yet again the dubious role of the speaker and the governor at the state level where they often act in violation of their constitutionally defined roles.

Keywords: chief minister; Uttar Pradesh; Constitution; Supreme Court; Composite floor test; president

Chapter.  5017 words. 

Subjects: Constitutional and Administrative Law

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