FAQ: Karnataka’s moment of truth
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.