The Asian Age

After K’taka, new type of politics is evolving...

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In response to petitions by the Congress and the Janata Dal ( Secular), the Supreme Court made history when, hours after midnight on Wednesday, it sat to adjudicate on the action of Karnataka’s governor in dealing with a hung Assembly after an election, but its ruling has failed to nip the constituti­onal mischief in the bud. The ruling was like the curate’s egg, good only in parts.

The subsequent action of governor Vajubhai Vala on Friday, to appoint BJP ML AK. G. Bop ia has pro-t em Speaker to conduct the confidence vote on Saturday, was also unpreposse­ssing. The Congress, along with the JD( S), seemed ready on Friday to move another urgent petition in the court challengin­g Mr Bopiah’s appointmen­t in violation of the settled convention that the seniormost MLA in the House is made pro- tem Speaker to conduct proceeding­s to test a government’s majority.

Mr Bopiah’s actions as Speaker in 2011 had earned a sharp rebuke from the Supreme Court. The then Speaker had disqualifi­ed a block of rebel BJP MLAs when they rose against incumbent chief minister B. S, Yeddyurapp­a, once again in the eye of the storm, for being corrupt. Even as demands for the governor’s resignatio­n began to be voiced on Friday, Punjab chief minister Amarinder Singh wrote to President Ram Nath Kovind seeking Mr Vala’s resignatio­n from his high constituti­onal office.

In its ruling in the early hours on Thursday, the Supreme Court permitted the action of the governor in letting Mr Yeddyurapp­a being sworn in, but on Friday morning it drasticall­y cut down the time given to him in which to prove his majority. From the 15 days given by the governor ( against the seven the BJP leader had sought), the time was cut down to 48 hours from the time of the hearing.

However, the court’s ruling, which for now upheld the notion that the single largest party may be called to have the first try in forming government even when it can’t show prima facie where its numbers would come from, rather than a coalition of parties whose joint strength of MLAs easily crosses the halfway mark, has set off demands in Goa, Bihar and Manipur — states where the single largest party didn’t form government­s, and calls on the respective governors to remove the present government­s and visit the process of government making afresh.

This is an extraordin­ary developmen­t, and would ordinarily be dismissed out of hand. But in light of the Supreme Court’s early morning ruling in the Karnataka case, and given the lack of codificati­on of coherent principles for government- making after an election, politics of a new kind has been urged by many parties, making a mockery of our understand­ing of constituti­onal principles and practices. The first port of call for India is the Supreme Court when it deals with Karnataka’s pro tem Speaker case.

In light of the SC’s ruling in the Karnataka case, politics of a new kind has been urged by many parties, making a mockery of our understand­ing of constituti­onal principles and practices...

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