The BJP is playing the
victim, blaming the Congress, and JDS, for the Karnataka imbroglio. It would.
Because, siding the law – that the Single Largest Party should be invited to
form the government in a hung-house situation like in Karnataka – benefits it.
In Goa and Manipur, another law or convention benefited it so it rejected the
SLP option. In the process, other political parties like the Congress and JDS,
the Governor’s office in Karnataka and the Supreme Court have dragged
themselves on to the scene. Each in its own world, each as concerned about
democracy, the muck remaining unchallenged.
Where did the Supreme Court
go with the Congress’s midnight Karnataka case?:
What did the SC achieve by
allowing Yeddy to take oath as CM? There was no urgency. The tenure of the
previous assembly ends only on May 28. There are still more days to go. The SC
said the oath-taking and the formation of the government is subject to the
final outcome of the case before it. Then why not defer oath-taking till Friday
when the SC meets again to hear the case ? Obviously, the SC decision defies
logic and adds to political suspense and waste of time. By such actions, the
apex court is opening itself to prospects of criticism (to put it mildly and
kindly). Lastly, what was the urgency of the SC to hear the case late at night,
disturbing everyone, if it never wanted to defer the oath-taking of Yeddy?
What if Yeddy has only 104
letters of support to show the SC? Will the SC ask him to step down as CM?:
So, SC gets copies of letters
of support to Yeddy. They must be 104 I assume. The point is, what will the SC
do with this letter? Will it be satisfied that 104 makes BJP the SLP and so the
Governor is right? Or will it wonder why the governor did not pursue other
options like post-poll alliance of Congress and JDS? Would such a question
throw both the judiciary and the constitutional office of the governor into the
vortex of a crisis? Or, to avoid that, will the SC simply dismiss Yeddy from
office and ask the governor to call the post-poll combo? Will not that lead to
another constitutional crisis? So, what can the SC do? I am a lay person and I
feel that the SC can only do one thing without disrespecting the Constitution:
It should clarify the order of preference of the options before a governor in
case of a hung assembly. Which party/formation shoudl the govzernor call first
in such a situation? The three options are (i) SLP (ii) prepoll alliance (iii)
postpoll alliance. To rank the options, the SC will have to decide what is the
most important objective of the governor's action. Is it to install a grouping
which the governor feels CAN MUSTER SUPPORT to pass the floor test? Or, is it
to install a grouping which HAS the majority to pass the floor test? It is common
sense that in the case of a hung assembly, the prime objective of the governor
is to ensure that the party/grouping he/she invites to form the government HAS
THE REQUISITE NUMBERS to pas the floor test. In which case, the SC can only
rank the three options in this order: (i) pre-poll alliance (ii) post-poll
alliance (iii) president's rule. It will then be the end of the road for the
SLP. Which is fine. Of course, it goes against the spirit of the people's
mandate. But if enforced, then the people too will know that a hung vote won't
work. That will be good for democracy and important, it will no longer allow
political parties to play bullies after the counting day. But then, at the end
of it all, the SC did not have to (i) waste midnight oil to hear this case
since it did not order anything dramatic, (ii) allow Yeddy to take oath and
play havoc with the state's economy from the word go as he has already done
with farmers' loans, (iii) given a direction to stop the resort politics and
instead asked the legislators to be present in person at their respective party
headquarters till the court settled the case. It simply did nothing.
Yeddy does not bother about the
decorum of a cabinet quorum on day one as CM:
Yeddy as CM waives farmers'
loans. How did he do that? He called a cabinet meeting. Who attended it? Only
him. Why? Because there are no ministers. Is a quorum required? The secretariat
manual does not talk of a quorum, but a tradition or convention is that
majority of the ministers has to be present. (On February 10, a cabinet meeting
of Kerala to take some major decisions was not held because only six of the 19
ministers was present.) What is the strength of the council of ministers
in Karnataka? The Constitution (91st Amendment) Act, 2003, which limits the
size of all ministries in India, stipulates that the strength of a council of
ministers should not exceed 15 per cent of the total number of members in the
Lok Sabha (in case of the central government) or the relevant state assembly.
With 224 members, K'taka should have 33.6 ministers. Assuming half of them are
cabinet rank, there should be 15. So, you see, the bullies are already at work.
Yeddy has to pass speaker
test before floor test:
The dilemma before Yeddy in
case BJP's persuaders buy 12 MLAs: The first test for him is the election of
the speaker of the K'taka assembly.
He does not have the numbers, even if Governor Vala strangely thought so! In case, Yeddy has persuaded the MLAs and is desperate to have a BJP person as a speaker, he will have to show his hand -- that is the persuaded MLAs will have to vote for his choice for speaker.
But then, the Cong and JDS would know who the Judas' are. What if they counter-“purchase” the trust even some of them before the floor test?
Then Yeddy has a problem. Unless the BJP buys the "loyalty" and fealty of the 12 MLAs, Yeddy will have to choose between a BJP speaker or himself remaining as CM? Needs a debate on this.
He does not have the numbers, even if Governor Vala strangely thought so! In case, Yeddy has persuaded the MLAs and is desperate to have a BJP person as a speaker, he will have to show his hand -- that is the persuaded MLAs will have to vote for his choice for speaker.
But then, the Cong and JDS would know who the Judas' are. What if they counter-“purchase” the trust even some of them before the floor test?
Then Yeddy has a problem. Unless the BJP buys the "loyalty" and fealty of the 12 MLAs, Yeddy will have to choose between a BJP speaker or himself remaining as CM? Needs a debate on this.
What is the Congress game, if
at all? Of course it wants power, even if it has to share it for JDS, even if
for a couple of years.:
IF the Congress and JDS were
so intent on stopping Yeddy from becoming CM, they should protect their MLAs
from poaching by the BJP. They know they will fail in that exercise. So they do
the next best thing: Midnight drama. Wasting the time of the people and the
courts. What did they achieve, other than some media time? Nothing. If they
were really sincere about forming the government with JDS, they could have filed a petition in the SC long before the
results or on counting day, asking the court to clarify on what is the
descending sequence of options a governor has to follow among (a) SLP, (b)
pre-poll alliance and (c)post-poll alliance. The question was, since the
post-poll alliance was considered as the option by two governors in the recent
past, should it be taken as the prime precedent in case of a hung assembly. It
is a legitimate issue that merits clarification from the court. Such a move
would have tied the Governor's hands. He would have had no option but to forward
the issue to the President. Now, does the Congress think the SC will revoke its
own order to allow Yeddy to take oath? That is the problem: the Congress is
never willing to learn and its default status is to stage dramas. In the end,
what happened? The BJP bullies its way to another illegal hold
over another state. Even now, the Congress-JDS hopes that the SC can dismiss
Yeddy and ask the governor to call it to form the government.
In the end:
The political parties, the
elected MLAs, their leaders, the governor, the Supreme Court -- all of them in
the last two days have ignored a small entity -- the common citizen of
Karnataka who stood in a queue and exercised his or her franchise to further
the cause of Indian democracy. What will this citizen do?
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