Kar’nataka’ : This Is The Only Option Before Supreme Court

All eyes are on Supreme Court in the ongoing political crisis in Karnataka. Challenging the decision of Governor Vajubhai Vala who invited Yeddyurappa to swear-in as the CM despite not having required numbers, Congress and JD(S) combine has moved the Apex Court on Wednesday late night. The SC bench has asked for the letters submitted by Yedyurappa to Governor dated May 15 and May 16 claiming stake to form the government in state. As  Attorney General KK Venugopal, appearing for the Centre and Yeddyurappa, is supposed to produce these letters today, the entire nation is looking at Supreme Court on what will happen.

Supreme Court Cannot Compel Governor

Article 163, 164 grant powers to the Governor to act according to his discretion while appointing a chief minister and a council of ministers. So, there is no precedent or any previous judgement of Supreme Court on how the Governor should exercise his discretion while appointing a government.

The Governor can also refuse to be a part of the proceedings citing his privilege and protection under Article 163 which grants him limited discretionary power to him along with immunity from any court proceedings. It will be a bold argument for the Executive to make before the Supreme Court and refuse to give any list.

If the Governor through the Attorney General refuses to share names or details of people who are supporting the BJP, the Supreme Court cannot force or compel. They can call for a constitution bench or pass a verbally criticizing order but cannot cancel swearing-in of a Chief Minister of a state  because he could not show names to the Supreme Court since it is not possible under the present law.

Anti-Defection Applicable Only After Swearing-In

When the topic arises that how BJP would get its numbers as independents are only 2 and it needs 6 more MLAs to get magic figure, the question is how will the BJP manage without being caught on the wrong side of anti-defection law? The answer sounds legally correct from AG’s point of view.

Anti-defection law is applicable only after swearing-in of MLAs. This is a strong legal point. Attorney General Venugopal has already raised this before the SC in the last hearing. The argument of AG representing, Governor and Karnataka CM, is when MLAs have not taken oath yet, then anti-defection is not applicable.

But what about the faith reposed by the Constitution on elected politicians and what about the trust, faith of people who voted them. This is subjected for hot discussion and wide debate.

Reduce  the Time of 15 Days

This is the only option that Supreme Court has right now. So far when matters of horse-trading or poaching or alleged abuse of power by Governors have emerged, courts decided to reduce the time in order to minimize such acts.

In many cases, the recent being Goa, the Supreme court asked the floor test to be done within 48 hours to avoid poaching of MLAs. The Congress team backed by top lawyers such as Abhishek Singhvi is very much aware of the fact reducing the 15-day time period is the only practical result that they can legally achieve.

PS: What Governor of Karnataka did could be morally, ethically wrong. But legally, he can easily get away and so Yeddyurappa. Only after weighing all these options, BJP seems to have made its moves. But the only possible way is the reducing deadline for the Floor Test where BSY has to prove his majority within the deadline. Even Congress and JD(S) are wanting this in order to defeat Yeddyurappa in Floor Test. One has to wait and watch, what Supreme Court would pronounce in today’s much-awaited hearing.

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