Intense Karnataka drama : BJP(102) vs Congress(112)

July 23, 2019October 6, 2019 Tietler

The political Karnataka drama…

will resume day after day in addition to previously breached deadlines. The widespread saying is that KR Ramesh, Speaker of the Karnataka Assembly, will have written a brand new script to avoid voting in the confidence motion. Twice, the speaker has altered proceedings in such a way as to breach the deadline set by the Governor. Insulted the doctrine that “the House is the master of its own business”, Speaker has been running it in a manner that suits the ruling Congress- JDS coalition.

Now, it is clear that the chief minister has lost the majority. The last nail in the coffin is to be done is to seal this with a vote in the Assembly, but is hell-bent on either proving it to the contrary or delaying the real trial of strength.
This crisis is a re-candled flare to a long history of the dubious roles of Speakers across the country in subverting the spirit of the constitution.

The Speaker has managed to ignore not only the Governor but the Supreme Court as well. The chief minister’s questions on the sole rights of the Governor’s action in sending a directive to the speaker under Article 175 is the new low of loop-holes of Constitution.

The Crisis behind Karnataka Drama

The coalition government in Karnataka became unstable after 16 MLAs – 13 of the Congress and three of the JD(S) – resigned from Assembly membership. Out of the 16, 10 MLAs’ resignations were found to be not in the right format. The strength of Kumaraswamy government in the 225-member Assembly is reduced to 102 MLAs compared to the BJP’s 105 MLAs plus two Independents. However, Karnataka Chief Minister Kumaraswamy called for a floor test on July 12, 2019, to prove the government’s majority in the Assembly. The Speaker allotted a slot on July 18 for the floor test.

Their Sayings:

Apex Court: The Supreme court dismissed the party whip issued by the Congress and JD(S) whereby all MLAs were asked to attend the proceedings in the Karnataka assembly on July 18, saying that “MLAs cannot be compelled to participate in the proceedings of the house”. The bench said that there are rival claims on the issue of resignation and disqualification of MLAs and that it was “imperative to maintain constitutional balance”. The Supreme Court on Friday asked Speaker KR Ramesh Kumar to not take any decision on resignation or disqualification.

Rebel MLAs Not To Be Compelled To Take Part In Assembly Proceedings, Speaker Free To Decide On Resignations As Per His Time-frame

“Discretion of the Speaker should not be fettered by any direction from the court….The Speaker is free to decide according to rules….The Karnataka Speaker cannot be forced to take a decision within a time frame.” The Court, thus, gave complete authority to the Speaker to decide upon the resignations of the rebel MLAs and decide the matter as he deemed fit.

Speakers: People are watching. In the name of discussion, if an opinion is created that we are wasting time, it won’t be right on my part or anybody else’s.
Karnataka’s ruling coalition must not delay a trust vote anymore, the assembly Speaker said on Monday, amid allegations that the Congress-Janata Dal-Secular alliance was buying time with lengthy speeches after losing its majority.

BJP: Despite the accusations of BJP leaders buying their MLAs, the BJP maintained stoic silence in the House, refusing to create a situation where MLAs could be suspended for unruly behavior ahead of the trust vote, thus reducing its numbers.

Know these terms:

FLOOR Test: A constitutional mechanism empowers to establish the government’s majority on the floor of the Legislative Assembly. The chief minister, appointed by the governor based on a party or coalition reaching a majority, is asked to move a vote of confidence when that majority is under question. The majority is then established or fails to be established through voting by members present in the Assembly on the designated day. If the chief minister fails to prove his majority, follows is his resignation. A floor test can also be announced if there are differences between the parties in a coalition.

Motion of no-confidence: The vote of no-confidence motion – against the government in the state can only be introduced in the State Legislative Assembly. A State Legislative Assembly may be dissolved in a state of emergency, by the governor on request of the chief minister, or if a motion of no confidence is passed against the majority coalition. A motion of no-confidence is usually moved by the Opposition when it feels that the ruling party or parties do not have a majority in the Assembly any longer.

WHIP: An official of a political party appointed to maintain parliamentary discipline among its members, especially so as to ensure attendance and voting in debates. Additionally, the term “whip” may mean the voting instructions issued to legislators, or the status of a certain legislator in their party’s parliamentary grouping. It is a directive from a political party that binds the members of that political party in a House to obey the line of the party. Although the concept of the whip has no official sanction and is not mentioned in the Constitution, it is a convention that is followed in the Indian Parliament.

Anti-defection law:(there is a need to relook into the Anti-defection law)

10th Schedule was inserted in the Constitution in 1985 by the 52nd Amendment Act.
It lays down the process by which legislators may be disqualified on grounds of defection by the Presiding Officer of a legislature based on a petition by any other member of the House.
The decision on the question as to disqualification on ground of defection is referred to as the Chairman or the Speaker of such House, and his decision is final.
The law applies to both Parliament and state assemblies.

Disqualification: If a member of a house belonging to a political party:

Voluntarily gives up the membership of his political party, or
Votes, or does not vote in the legislature, contrary to the directions of his political party. However, if the member has taken prior permission, or is condoned by the party within 15 days from such voting or abstention, the member shall not be disqualified.
If an independent candidate joins a political party after the election.
If a nominated member joins a party six months after he becomes a member of the legislature.

Exception
A person shall not be disqualified if his original political party merges with another, and:
He and other members of the old political party become members of the new political party, or
He and other members do not accept the merger and opt to function as a separate group.
This exception shall operate only if not less than two-thirds of the members of the party in the House have agreed to the merger.

Battered by resignations of MLAs and withdrawal of support by independent MLAs, the government has been on life support since the beginning of this month!!!

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