It is no secret that the BJP’s hand is behind attempt to topple Congress-JD(S) coalition government in Karnataka. Even as the Congress and JD(S) MLAs were resigning in Karnataka, reports came from Panaji that 10 of 15 Congress MLAS in Goa are joining the BJP. The ruling party at the Centre has been playing a dangerous game by toppling duly-elected Congress governments in the states. There are reports that similar attempts have been made to oust governments in Congress-ruled Madhya Pradesh and Rajasthan.
Weakening or toppling governments in opposition rules states is blatantly an undemocratic act and fraught with grave consequences in the long run. The Opposition, howsoever beleaguered, is an essential part of a democracy and should be strengthened. Tomorrow, the BJP may be in the same position as the Congress is currently and if the BJP-ruled state governments are toppled, it may be end of democracy. This will lead to autocracy and a dictator may arise.
The political crisis in Karnataka has been born of the BJP’s sweeping victory in 2019 Lok Sabha elections. The ruling alliance’s defeat in all but two of 28 parliamentary seats underscored a sea change in the popular mood from last year’s assembly elections, which threw up a hung house. The Congress-JD(S) post-poll coalition seemed a masterstroke, which it perhaps was, in the run up to battle of power at the Centre between the BJP and the opponents.
From all available evidence, the existing assembly cannot conceive or deliver a stable regime. The BJP may deny its intent to hold fresh elections. But the logjam cannot be broken without reverting to the electorate.
As more and more MLAs of the Congress and the JD(S) resign reducing the ruling coalition to a minority, all eyes are on Speaker K R Ramesh Kumar who has not decided on resignations so far. What is the role that is expected of a Speaker under such circumstances? Where do the resignations leave coalition in terms of numbers?
The majority mark in the 224-member Assembly is 113. Without taking resignations into account, the ruling coalition has a strength of 116 — 78 MLAs of the Congress, 37 of the JD(S) and one of the BSP—besides the speaker himself, whose vote, if required in the trust vote, would raise the count to 117.
So far, 16 MLAs—13 of the Congress and three of the JD(S)—have submitted their resignations. If these are accepted, it will reduce the Assembly strength to 208, the majority mark, to 105 and the ruling coalition’s strength to 100, besides the Speaker.
The BJP, which already had 105 MLAs, now has an effective strength of 107 with two independent MLAs having already quit the ministry.
The Speaker’s stand has been: “Anybody can come and resign; they are free to do so. I cannot accept the resignations immediately as I would need to verify them. I need to go by the rulebook”.
And, what does the rulebook say? Under Rule 202(1) of Rules of Procedure of the Karnataka Assembly, “a member who desires to resign his seat in the house shall intimate in writing under his hand addressed to the Speaker his intention to resign his seat in the house in the following form and shall not give any reason for his resignation.”
Thereafter, it lays down the format of a resignation letter: “I hereby tender my resignation of my seat in the house with effect from (the date)”.
The rulebook spells out the mode for dealing with any deviation from the process laid, saying: “Provided that where any members gives any reason or introduces on extraneous matter, the Speaker may in his discretion omit such words, phrases or matter and the same shall not be read in the house.”
The subsequent sub-rule, 202(2) says: “If a member hands over the letters of resignation to the Speaker personally and informs him that the resignation is voluntary and genuine and the Speaker has no information or knowledge to the contrary, and if he is satisfied, the Speaker may accept resignation immediately.”
When 13 of 16 MLAs — ten of the congress and three of the JD(S)—reached the Speaker’s office to submit their resignations, the Speaker reportedly left the office and they submitted their papers to his office. Later, they met the governor and informed him of their decision to resign.
While Congress leaders are trying to wean the defectors back, the party leader in the Assembly K. Siddaramaiah has said that the Congress would seek disqualification of rebel MLAs who have put in their papers because, he claimed, their resignations were not voluntary and genuine.
According to latest reports the Supreme Court has directed Karnataka Speaker K R Ramesh Kumar not to take any decision on disqualification or resignation of ten rebel Congress- JD(S) coalition MLAs until July 16. Meanwhile, in a surprise move, Chief Minister H D Kumaraswamy announced that he was prepared to seek a trust vote in the assembly.
