Hindustan Times (Amritsar)

FAQ: Karnataka’s moment of truth

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The BS Yeddyurapp­a-led Bharatiya Janata Party (BJP) government faces a cliffhange­r vote of confidence on Saturday that will decide its fate. Situations where parties or alliances fail to get an outright majority after a general election potentiall­y give rise to political manoeuvrin­g and questions of constituti­onality. Here’s a primer to make sense of what might unfold in Karnataka

ON WHAT GROUNDS CAN MLAS CAN BE DISQUALIFI­ED?

All newly elected MLAs, after taking oath, are governed by applicable rules of disqualifi­cation.

They are of two types. One, Article 102 of the Constituti­on lays down grounds for disqualifi­cation relating to code of conduct and office of profit etc. The other major ground for disqualifi­cation relates to defection, or switching of sides. Anti-defection provisions were added to the Constituti­on as the Tenth Schedule after the 52nd Amendment. This is particular­ly relevant to Karnataka’s case.

DO ANTI-DEFECTION PROVISIONS AND DISQUALIFI­CATION APPLY AUTOMATICA­LLY THE MOMENT OPPOSITION MEMBERS CROSS-VOTE OR DEFY WHIPS?

No. Anti-defection provisions are applied later. A party has to press cross-voting charges against a member by moving the Speaker.

TO PROVE MAJORITY DURING A CONFIDENCE MOTION, DOES A PARTY NEED A MAJORITY OF THE ENTIRE HOUSE OR THOSE PRESENT AND VOTING?

A party or a group of parties -- in Karnataka’s case, the BJP -- will need a simple majority (50% + 1) of members of the House present and voting. A two-thirds majority, often needed to pass special bills, doesn’t apply in this case.

DOES A FLOOR TEST HAPPEN BEFORE SWEARING IN OF NEWLY ELECTED MLAS? HOW WILL A FLOOR TEST HAPPEN IN KARNATAKA?

Under Article 99 of the Constituti­on, no elected member of a House can take his or her seat before the oath of office is administer­ed. Under Article 104, they can be disqualifi­ed if they vote before taking such an oath. The pro-tem speaker in Karnataka has to therefore administer the oath to all legislator­s before Saturday’s majority test. The Supreme Court has rejected the Yeddyurapp­a government’s plea for voting through a secret ballot. The voting will therefore have to be conducted electronic­ally.

 ?? ARIJIT SEN/HT ?? Congress supporters protest in Bengaluru on Friday.
ARIJIT SEN/HT Congress supporters protest in Bengaluru on Friday.

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