Hindustan Times (Patiala)

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 HOW DO NUMBERS LOOK FOR BSY?

The Karnataka assembly has 224 members, but with polling for two seats delayed, and one member elected from two constituen­cies, it has, effectivel­y, 221 members. BJP has 104 members but an effective strength of 103 since one of its members is now pro-tem Speaker (his vote will be counted only in the case of a tie). To win a trust vote, Yeddyurapp­a will need 7 more votes - this could be a mix of independen­ts and those from Congress and JD(S) willing to cross-vote. With 111 votes, Yeddyurupp­a government will have a majority. Or he will have to ensure the effective strength of the House is reduced with 14 Opposition members abstaining. This will reduce the House to 207, and with 103 on either side. In this case, the pro-tem Speaker’s vote will be counted. In a third scenario, the BJP needs to increase its own strength and bank on enough abstention­s to constitute a majority of the existing assembly’s strength. Failing all this, BSY will lose the vote.

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.

IS THERE A DIFFERENCE BETWEEN A NO-CONFIDENCE MOTION AND MOTION OF CONFIDENCE OF THE HOUSE? WHICH OF THESE TWO APPLY TO BS YEDDYURAPP­A?

The Constituti­on’s Article 118 permits each House to make its own rules on conduct of business. Therefore, procedures of “no-confidence motion” as well as “motion of confidence” are laid down in the Lower House’s published rulebook. In the case of Lok Sabha, it is called the “Rules of Procedure and Conduct of Business in Lok Sabha”. Clause 198 of this rulebook provides for a “motion of no-confidence” against a ruling government. It can be initiated by any member. As opposed to this, Yeddyurapp­a will have to move a “motion of confidence” to prove his majority, for which there’s no separate rule.

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

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