Does the SC order sound death knell for Congress govt in Karnataka?

The Supreme Court bailed out the 15 rebel Congress-JD(S) MLAs in Karnataka by exempting them from attending the ongoing legislature session in the assembly, even as a disqualification petition dangles over their head and their resignations have been kept in abeyance pending enquiry by the speaker.

Until further orders, the 15 MLAs "ought not to be compelled to participate in the proceedings of the ongoing session and an option should be given to them to either take part or remain out of the House proceedings".

By this order, taking cognisance of the impending confidence motion on July 18, moved by the chief minister, the court seems to have nullified the whip issued by the parties to the 15 rebels. On July 16, Mukul Rohatgi, the counsel for the 15 rebel MLAs told the SC that the coalition government had been reduced to a minority and that the speaker, by not accepting their resignations, was attempting to coerce them to vote for the government during the trust vote. And the party's disqualification plea under the anti-defection law was made only after the MLAs had resigned, contended Rohtagi.

The July 17 ruling has remained silent on the issue of the disqualification petition. However, in its interim order, the apex court has permitted the speaker to decide on the request for resignations within such time frame as the speaker considers apt.

At the same time, the court has insisted that the speaker's order on the resignation requests be placed before the court.

The speaker should be left free to decide the issue in accordance with Article 190, read with Rule 202 of the Rules of Procedure and Conduct of Business in Karnataka Legislative assembly, framed in exercise of power under Article 208 of the Constitution, according to the order.

Chief Minister H.D. Kumaraswamy is now left with little choice but to face the trust vote on the floor of the House as scheduled or step down even before the floor test. The coalition strength has now reduced to a mere 101, after 16 rebels (including three from the JD(S)) quit their House membership. At present, the BJP with 105 seats and the support of two independents has the magic number (105), as the total strength of the House has reduced to 208.

As soon as the SC verdict was out, the Congress party leaders called the judgment a paradox. CLP Siddaramaiah tweeted saying it was a case of "judicial overreach at its worst", to aid defection orchestrated by the BJP.

"The judgment laid down today is a paradox to itself. It gives speaker his power, but snatches from the political parties, making the former redundant. Only morality of defectors can solve this dilemma," tweeted the former chief minister Siddaramaiah, who is being blamed for the coalition crisis after his close aides turned party rebels.

KPCC chief Dinesh Gundu Rao said the Supreme Court order seems perfectly coordinated to help the rebel MLAs violate the whip. "It has set a wrong precedent as the value of the whip as per 10th schedule of the Constitution is now redundant. An extraordinary order indeed," tweeted Rao.

Justifying his party, Rao said the disqualification petition with the speaker against the MLAs was in accordance with the anti-defection law. "It’s not for violating the whip, but for indulging in anti-party activities, for joining hands with BJP to topple our govenment and voluntarily giving up membership," claimed Rao, adding the SC verdict was encroaching upon the rights of the legislature.

"This is a bad judgment, which seems to protect the defectors and encourages horsetrading and also violates the doctrine of separation of powers," said Rao.

BJP state president B.S. Yeddyurappa welcomed the verdict calling it a moral victory for the rebel MLAs and democracy. "The whip does not apply to the MLAs who petitioned the court. Nobody can compel them to attend the session and participate in the trust vote. The chief minister should resign at least now, as he does not enjoy majority," said Yeddyurappa.

"The Congress and JD(S) leaders are trying to evade the trust vote. If they value democracy, they must facilitate the process. They have approached the speaker, claiming the KPJP has been merged with the Congress and sought the disqualification of Independent MLA R. Shankar, though he has extended support to the BJP," said BJP MLA Basavaraj Bommai.

The coalition leaders are hoping that the rebels have a change of heart. Their threats of a "reverse poaching" (of BJP MLAs) seem far-fetched. But, whether the coalition government can garner the numbers to stay afloat remains to be seen.