Congress, RJD meet governors
Congress on Friday asked the governors of Goa and Manipur to allow it to form governments in the two states, citing the example of Karnataka where BJP leader BS Yeddyurappa was invited to take over as chief minister because he heads the largest party in the assembly after elections. In Bihar, the Rashtriya Janata Dal met the governor and staked claim to govern the state.
Congress legislative party leader Chandrakant Kavlekar gave Goa governor Mridula Sinha a letter seeking an invitation to the party to prove its majority in the House. Sixteen Congress legislators met the governor. “We requested the governor to follow the precedent of Karnataka and undo the mistake she had committed on March 12, 2017 when she invited the minority party (BJP) to form the government,” Kavlekar was quoted by PTI as saying. “We have given seven days to revert to us.”
“We have all the required numbers with us to form the government in the state. We can prove our numbers on the floor of the House. The magic figure of 21 is there with Congress... even without poaching into BJP camp,” said Goa Pradesh Congress Committee chief Girish Chodankar. The Congress won 17 seats in the 40-member Goa assembly and emerged as the largest party in March 2017, falling short of the majority by four seats. The BJP, which got 14 seats, formed the government in alliance with the Goa Forward Party and Maharashtrawadi Gomantak Party (MGP), which had won three seats each. Three Independent MLAs supported the BJP too.
The Congress now has 16 members in the Goa assembly as one of its legislators, Vishwajeet Rane, joined the BJP last year.
A Congress delegation met Manipur’s acting governor Jagdish Mukhi and staked claim to form government. In March 2017, a BJP-led coalition was to form Manipur’s government and not the Congress, which was the single-largest party. RJD leader Tejashwi Yadav and Congress leaders met governor Satyapal Malik in Patna to stake claim to govern the state. The RJD fought the polls in alliance with JD(U) and Congress, emerging as the single largest party. In July 2017, JD(U) leader Nitish Kumar broke the alliance and tied up with BJP.
How do the numbers look for Yeddyurappa?
The Karnataka assembly has 224 members, but with polling to be held in two seats, and one member elected from two constituencies, it has, effectively, 221 MLAs. The Yeddyurappa-led
Bharatiya Janata Party has 104 members. To win a trust vote, he will need seven more votes - this could be a mix of independents and those from Congress and JD(S) willing to cross-vote. With 111 votes, the 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 would reduce the house to 207, and with 104 remaining constant, he could win. In a third scenario, the BJP needs to increase in its own strength and bank on enough abstentions to constitute a majority of the existing assembly strength. Failing all this, BSY will lose the vote.
What if Congress or Janata Dal (Secular) members were to (a) cross-vote (b) remain absent or (c) be present but abstain from voting? Will they be disqualified?
If, hypothetically speaking, JD(S) or Congress members vote against their party directions, their votes will be counted as valid. If some Opposition members remain present in House but abstain from voting, then too this will work to Yeddyurappa’s advantage by bringing down the required majority. However, in both cases, it would attract antidefection provisions leading to disqualification. If a member remains absent, then he/she may attract anti-defection laws unless he can prove that he was absent due to genuine personal emergency. To escape the anti-defection law, two-thirds of the members of a party must defect.
On what grounds can MLAs 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 Oppn members cross-vote or defy whips?
No. Anti-defection provisions are applied later. A party has to first press cross-voting charges against a member by moving the Speaker.
To prove majority during a confidence motion, does a party need 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 it happen in K’taka?
Under Article 99 of the Constitution, no elected member of a House can take his or her seat before an oath of office. Under Article 104, they can be disqualified if they vote before taking such an oath. The pro-tem Speaker in Karnataka has to thus administer oaths to all legislators before Saturday’s majority test. The SC has rejected the Yeddyurappa government’s plea for voting through secret ballot. So, the voting will be conducted electronically.
Is there a difference between no-confidence motion and motion of confidence of the House? Which of these apply to Yeddyurappa?
The Constitution’s Article 118 permits each House to make its own rules regarding conduct of business. Thus, procedures of “no-confidence motion” as well as “motion of confidence” are laid down in the Lower House’s published rulebook. Clause 198 of this rulebook provides for a “motion of no-confidence” against a ruling government. As opposed to this, Yeddyurappa will have to move a “motion of confidence” to prove his majority, for which there’s no separate rule.
NEWDELHI:The