BENGALURU: On Monday, when the confidence motion debate resumes in the Karnataka assembly, the entire country is expected to tune in. What should have been a simple vote of confidence, has been drawn out into a long affair, with many experts and politicians landing on opposite sides of the fence in their views on the delay.
The debate has raised several constitutional issues and the actions taken by the Governor and the Speaker are likely to be examined far into the future after the vote concludes whether in favour of Kumaraswamy or not.
According to senior Advocate B V Acharya, the Speaker should have wrapped up the vote on the first day. “Though he has been proclaiming that he is independent and is not being pressurised, it is very clear that every step he has taken is for the present government to continue,” the senior lawyer opined.
Citing the Jagadambika Pal and Kalyan Singh case in which Pal became Chief Minister of Uttar Pradesh for a day in 1998, Acharya said, “The motion should have been put to vote straightaway. Or at least on the 18th, the second day. It is only then that Governor intervened.” Acharya also pointed out that the Governor's communication was to the Chief Minister, which was well within his rights.
Former Supreme Court judge and ex-Lokayukta Justice Santosh Hegde said that while the Governor was within his constitutional rights to make suggestions, the Speaker must have given these suggestions the respect it deserves, coming from such a high constitutional authority.
“For the Speaker, merely to say I have the power, I am the man who controls the time of the assembly, is an arrogant way of replying to the Governor, though not directly,” he opined. Justice Hegde added that in his opinion, the Speaker must have simply allotted time to each party, leaving it to the party leaders to divide it among themselves. “You don’t give 1-2 hours to each member. I saw the debate, many didn’t speak on the resolution. Even the Speaker gave explanations related to his own problems. They could have continued on Saturday as well. In the past, the assembly has continued till midnight. Is the confidence of the house not considered important?”
Justice Hegde also pointed out that the BJP itself was facing serious allegations of horse trading. “On Monday, I would wish that the matter is decided, one way or another,” he said.
Former Advocate General Professor Ravivarma Kumar however, defended the Speaker’s actions and said that it was the Governor who had misstepped. “The Governor has said that prima facie, he is convinced government is not enjoying a majority. He cannot come to any such conclusion unless proved in a floor test. I don’t know how he will repair the damage done.”
He also stressed that since the current motion was one seeking confidence, moved by the Chief Minister, he was entitled to present his views. “No authority outside the House, including the Governor has the powers to intervene.”
Vote on Monday or President’s rule?
There can be no denying that the state government is on life support. On Monday, when the assembly reconvenes after a break on the weekend, neither the government nor the Speaker, have many options before them.
For the Speaker, I believe there is no option but to put the house to vote on the confidence motion. How many days he can drag it, the end has to be the vote on the motion. It cannot be prolonged for many days.
For the Congress, which has approached the Supreme Court for enforcing their whip, the matter might be heard on Monday, but again, this will not help them, the coalition government or the speaker.
For the Governor on Monday, the option of sending a report to the Union Government about the crisis will be available. There could be the President’s rule. The assembly might be kept in suspended animation. If anyone comes forward to prove a majority, the suspension could be withdrawn.
On Monday, the Speaker will have very limited options before him. I believe he will have no other way out but to call for the vote of confidence motion. However, he may be able to drag on the debate for a couple of days more. Governor Vajubhai R Vala, having had his communication to the Chief Minister go unheeded two times, will have the option of filing a report to the Union Government about the condition of the state.
In my opinion, the government would have fallen if the vote was concluded on Friday. By adjourning till Monday, the government has been given a couple of days to survive. In these couple of days, they could have signed files that they are ‘committed’. Also, they can try convincing MLAs to vote for them in the confidence motion. They have got some breathing space, but it will not help them to survive for long if they do not have sufficient numbers.
- Ashok Haranahalli
Former Advocate General of Karnataka(As told to Ashwini M Sripad)