Karnataka crisis recalls landmark Bommai judgement from 25 years ago

Politics

The Bommai judgment will test the top court after the Speaker takes a final decision on the resignation or disqualification of the rebel MLAs.

IANS

Recent events in the Karnataka Legislative Assembly hark back to its past over a quarter of a century ago as the state is again locked in a political crisis over legal and Constitutional interpretation. The ruling coalition, the Speaker and the heads of political parties have reached the corridors of the Supreme Court urging it not to intervene in the business of the Assembly. Though the Supreme Court has already passed an order saying the 15 rebel MLAs cannot be compelled to participate in the Assembly proceedings, the ruling coalition claims it is beyond the jurisdiction of the court, as its implementation whittles down its rights to issue whips as a political party under the Constitution. Bommai Case Then Karnataka Chief Minister S.R. Bommai faced a similar scenario in 1989. His government was dismissed and he then moved the Supreme Court leading to a landmark judgement, often referred as the Bommai judgement in 1994. He headed the Janata Dal - formed after the merger of the Janata Party and the Lok Dal in 1988. The coalition held a majority in the Karnataka Assembly. In April 1988, only two days after a Cabinet expansion, one MLA K.R. Molakery, defected and submitted a letter, which had signatures of 18 MLAs claiming to have withdrawn support to the government, to Governor P. Venkatasubbaiah. The Governor told the Centre that the Bommai government had lost its majority and could not constitutionally continue as a minority. Later, some MLAs returned to the fold. Bommai met the Governor and expressed his ability to prove his majority on the floor of the House. Instead, the Governor suggested imposition of President's Rule in the state, which was subsequently imposed by Prime Minister Rajiv Gandhi's government. Bommai moved the Supreme Court, challenging the High Court order dismissing his petition. In a 5-4 judgement, the Supreme Court ruled in his favour stating that dismissal of his government was unconstitutional. The apex court ruled that the majority of a government is subjected to the test-of-strength on the floor of the House, and the Governor has no role in such a political scenario. The judgement accorded power to the Governor to direct a government to prove its majority in the Assembly in a stipulated time-frame. However, the judgement did not touch the power of the Speaker who continues to wield influence in running the Assembly. Bommai case in current political scenario in Karnataka The Governor had already set a deadline for the Chief Minister to conduct a confidence motion and the trust vote before 1:30 p.m. on July 19. The Congress and the JD(s) claim that the Governor is overreaching his powers by spelling-out directions to the Speaker, and also interfering in the business of the Legislative Assembly. According to legal experts, the Bommai judgement is only applicable in the imposition of President's Rule in the state in the absence of a clear majority in the Assembly. "The Supreme Court order on July 17 did not stop any political party from issuing a whip, which is their Constitutional right. The court ruled that the 15 MLAs cannot be compelled to participate in the House proceedings. The Congress and JD(S) are free to issue whips, and if their MLAs don't abide, then they can be disqualified. But it cannot stop the confidence motion and trust vote on the floor of the House," said a prominent legal expert. Another expert opined that citing the Bommai case is not relevant in the current situation, as the floor test is yet to take place. "After the floor test, if the ruling government is found in minority, then the Bommai judgement is applicable and the Governor can approach the Centre accordingly," he said. The apex court in its July 17 order, urged the Speaker to decide on the resignations of the MLAs. Therefore, the court has not infringed on the power of the Speaker, who continues to control the business in running the house. The Speaker's decision cannot be arbitrary or biased, if it is indicative of bias, then the court has the power to subject it to judicial review. The coalition party leaders in Karnataka today moved the top court that its order has extended protection to the rebel MLAs from the whip. The matter is yet to come up for regular hearing. The Congress has cited the Bommai case judgment, which restrains courts from passing an interim order, especially, if the matter is pending before the Speaker in the Karnataka Assembly. Eventually, the Bommai judgment will test the top court after the Speaker takes a final decision on the resignation or disqualification of the rebel MLAs.

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'Wife asked me if I'd get kidnapped': Lighter moments from K'taka Assembly amid chaos

Politics

Day two of the discussion on the confidence motion moved by Chief Minister HD Kumaraswamy saw some interesting quips by the MLAs on the floor of the House.

TNM Staff

Speaker KR Ramesh Kumar | PTI

It was another chaotic day inside the Karnataka Assembly on Friday as the leaders of the ruling coalition government in Karnataka urged the Speaker to delay the all-important floor test to Monday while the BJP leaders insisted that the floor test to be held on Friday itself.  The day in the Assembly was marked by numerous speeches, perhaps none as long or entertaining as the one delivered by Arsikere MLA Shivalinge Gowda in the afternoon session.  The lighter moments in the Assembly, however, were mostly centred around the disappearance of Kagwad MLA Shrimant Patil, who had left the resort he was staying at on Wednesday night and was later found to have been admitted to a hospital in Mumbai.  TNM brings you some of the lighter moments made in the Assembly on Friday. 1. Shivalinge Gowda (Arsikere MLA): When my wife heard about the kidnapping of Shrimant Patil, she asked me when or if I would ever get kidnapped. 2. Shivalinge Gowda (Arsikere MLA): When Srimant Patil's heart went jhum jhum, did he not find any hospital nearby to get admitted? The poor man's spectacles were not removed when they made him pose for the picture in the ambulance. 3. Lakshmi Hebbalkar (Belagavi Rural MLA): I asked Patil if he wants tea or coffee. He said bajji. We all had tea, coffee and bajji with sauce. 15 mins later CM has come to meet us and Patil is missing! 4.  DK Shivakumar (Kanakapura MLA):  When Srimant Patil's heart ached, were there not any hospitals in Chennai? He flew all the way to Mumbai to treat his aching heart. 5. Nanjegowda (Malur MLA): My grandson called me and asked where I am. I said am out. Will come soon. He asked, are MLAs being bought and sold. I was shocked. He is only 5 and half (years old). Look at where this has reached. 6. HD Revanna (Holenarasipura MLA): BJP leaders reached HAL airport in zero traffic.  Speaker Ramesh Kumar: What do you mean by 'zero traffic'  HD Revanna: I don't know much about it, Parameshwara would be the right person to answer. (In political circles, Deputy Chief Minister G Parameshwara is referred to as 'Zero Traffic' Parameshwara for his tendency to insist that all traffic be cleared for his convoy to travel in gridlocked Bengaluru) 7. HD Kumaraswamy (Chief Minister and Ramanagara MLA): Revanna carries a lemon with him because he loves going to temples. He keeps going to different temples every day. Sometimes he also has a banana in his pocket. 8. Speaker KR Ramesh Kumar: What is the maximum time you require? Let us be practical. Congress MLAs say they need to go to resort, asks Speaker to adjourn.   Speaker - I adjourn the House with the belief that you are all going home. Where you go or don't go, I don't know and I don't need to.

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Holiday declared in Dakshina Kannada on Saturday due to possibility of heavy rain

Education

The holiday has been declared for all schools and colleges (government and private) on Saturday.

TNM Staff

A holiday has been declared for schools and colleges in Dakshina Kannada district on Saturday after the Indian Meteorological Department (IMD) predicted heavy rains and issued a red alert in the district for the next five days. "Due to a warning by IMD of heavy rainfall in coastal Karnataka from July 20 to 22. Everyday over 200 mm rainfall is forecast and red alert has been issued. Taking note of this, the district administration has declared a holiday to schools and colleges (government and private) on July 20,"  read a statement by the Dakshina Kannada district administration. The advisory also warned children against going near water bodies while the fishing community has also been advised against entering the seas in the next few days. Control rooms have been set up in the Deputy Commissioner's office. Residents in the district can reach out to the administration on the WhatsApp number - 9483908000 - or by contacting the emergency number - 1077. While the IMD has forecast over 200 mm rainfall for the next five days, the Karnataka State Natural Disaster Monitoring Centre (KSNDMC) predicted heavy to very heavy rains over coastal and Malnad regions of Karnataka.  Rainfall Forecast (for next 24 hrs): Widespread heavy to very heavy rains likely over Coastal Karnataka & Adjoining parts of Malnad region and scattered to widespread light to moderate rains with isolated heavy rains likely over remaining parts of the state. pic.twitter.com/W8bcVhVJi5 — KSNDMC (@KarnatakaSNDMC) July 19, 2019 On Thursday morning, a spell of heavy rain in Mangaluru led to inundation at the Mangaluru Central Railway Station. Water entered the cloak room and the platform at the station. An official at the railway station confirmed that the rains did not disrupt the schedules of trains. Low lying areas near MG Road's Empire Mall were also inundated.  

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Bengaluru residents oppose multiplex planned to replace Rex theatre

Civic Issues

The owner of Rex, however, said that the concerns and fears of the residents was "misguided".

Soumya Chatterjee

Residents of central Bengaluru who reside on Rest House Road in the Central Business District are opposing the construction of a multiplex on the land where the popular single-screen theatre Rex stood. The multiplex is being built in a partnership by the original owner with real estate major Prestige. The Resident Welfare Association of Museum Road, Rest House Road and Rest House Cresent submitted their objections to the office of the Bengaluru Urban Deputy Commissioner on Wednesday and highlighted their objection, and also pointed out errors in the way the administration drew borders of the property. In their objection, the residents of Rest House Road stated that the proposed centre is being constructed within 50 metres of a residential area and will lead to major traffic issues. The residents also pointed out an error by the district authority in their notice inviting objections from residents. They said that the western boundary of the said plot is not Brigade Road but Plot No 11 of Rest House Road, which was, until recently, an independent bungalow.  “The Western boundary of plot 169 Brigade Road and the Eastern Boundary of plot no 11 Rest House Road, have less than 20 ft in common. In view of the above, there is no case for treating both these plots as one single plot. If the West boundary is shown as Rest House Road It means one commercial plot and one residential plot are merged to create one large "commercial plot- for exploitation,” they said. One of their objections stated: “Any commercial development of this scale along with its attendant problems of noise and dust pollution, traffic and traffic disturbance, garbage, crime, drunken behaviour and the overall increase in the load to the infrastructure of the area which is already ill-equipped, will be highly disruptive to the peace and quiet and the normal life of these elderly residents.” The letter to the Bengaluru Urban DC was also copied to the BBMP Commissioner, MLA NA Haris, City Police Commissioner Alok Kumar and the Director General of Fire and Emergency Services MN Reddi. This objection also highlighted their prior objection to any form of further commercialisation in their neighbourhood, which was signed by the 131 residents in February and given to BBMP Commissioner N Manjunath Prasad. Saleh Saim, a resident of the locality said, “We have just given our objection to the authorities. As per the rules, the width of the road is also not sufficient for granting permission for a multiplex. We want to record our objection well before there is any financial investment from the owner's side. We have seen problems that are witnessed in localities like Indiranagar and Koramangala. So we want to nip the problem in the bud.”  Anil Kapur, who used to run Rex theatre and is the owner of the land, however, dismissed the concerns.  “All the concerns and fears of the residence are misguided. The Rest House Road exit is only for emergencies. I wish the residents had come to us for any clarification. Even earlier, we had the option of using that part of the property for parking but we didn't do the same to safeguard the interests of the neighbours,” he said. 

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Why Krishna Byre Gowda was chosen to lead Cong-JD(S) charge in Karnataka Assembly

Karnataka Political Crisis

“Krishna Byre Gowda is seen as a legislator whose reputation is unblemished, is liked by the ruling and opposition parties, his words are mostly taken seriously by his peers,” a Cong source said.

Anna Isaac

Theja Ram

File Image

On a usual day, Krishna Byre Gowda is seen as a suave and soft spoken politician. But in the current political crisis in Karnataka, the Congress-JD(S) coalition have chosen him to lead their charge in the Assembly after former Chief Minister Siddaramaiah fired the first shots on Thursday. Through Thursday and Friday, KBG as he’s known, made several interventions on behalf of the Congress-JD(S) team, as the coalition clearly sought to buy time before the crucial trust vote. According to sources, the reason KBG was chosen to lead the charge is because he has the confidence of both the Congress and the JD(S). While the two parties are in coalition and seem to be making a last ditch attempt to save the government, they haven’t seen eye to eye on many issues. In the 14 months that this government has lasted so far, there have been many instances of infighting among the coalition partners, and some name calling and public airing of disappointments. However, while Krishna Byre Gowda is a Congressman, he has the respect of the JD(S) as well – especially party supremo Deve Gowda. And so, he was given the charge to hold the attention of the House and drive the debate in the direction the coalition wanted. Congress leaders also said that Krishna Byre Gowda was the right person to lead the charge because he was the minister for law and parliamentary affairs and also the minister for rural development and panchayat Raj. “As an extremely well-read person, Krishna Byre Gowda is well-versed in the Constitution and how these legalities can apply,” a Congress leader told TNM. Krishna Byre Gowda has also been the Congress’s point person regarding legal matters ever since 15 MLAs resigned and that coalition came under the threat of collapse. “It is true that senior leaders could have lead the charge but Krishna Byre Gowda is seen as a legislator whose reputation is unblemished, is liked by the ruling and opposition parties, his words are mostly taken seriously by his peers. He is treated with respect and is seen a man of principles,” said a source in the Congress. On Friday, a generally soft-spoken Krishna Byre Gowda held the attention of the House with his impassioned appeal to the Speaker on why the Governor cannot interfere in the ongoing proceedings of the House. Beginning his speech, the 46-year-old launched a scathing attack on the opposition by accusing the BJP of bribing the MLAs with Rs 30 Crore each. “The BJP has no regard for the Constitution or democratic principles. They offered MLA Srinivas Gowda Rs 5 crore and promised to give him Rs 30 crore more. So many accusations of the BJP buying the MLAs has come out in the Assembly today. Why are the BJP MLAs so quiet in the face of such allegations? Silence is consent. It’s because they are guilty,” he said. Rising up to defend the BJP, MLA Mahadeva Swamy in a burst of anger said, “I’ll take it to court!” The generally soft-spoken KBG lost his cool to dramatic effect: “Our MLA is saying that he received Rs 5 crore from BJP leaders. You are breaking down the entire Constitutional machinery. What do you have to say to this, Mahadeva Swamy?” Krishna Byre Gowda then delved into the legalities as to why the Governor’s direction to the Chief Minister to prove his majority by 1.30 pm must not be accepted by the Speaker. What KBG said  Krishna Byre Gowda relied on the 2016 Supreme Court judgement, where the top court restored the Congress government in Arunachal Pradesh by declaring the Governor’s actions as illegal and violating the Constitutional provisions. Citing the Supreme Court verdict, Krishna Byre Gowda said, “The Governor must keep clear of horse trading, and political manipulations. The Governor cannot make such issues a matter of his concern. The actions of the Governor are beyond the scope of his authority.” He also argued that Article 175 of the Constitution cannot be compared to Section 63 of the Government of India Act of 1935. “It is apparent that the framers of the Constitution didn’t intend to follow the regimen of Section 63 of the Government of India Act, 1935. It removed the Governor’s powers to interfere. Article 175 excluded and omitted the discretion with the Governor in sending messages to the Legislature. Had it been otherwise, the phrase would have been regained by the Constituent Assembly,” he argued, adding that the Governor cannot interfere except under Article 200. He went to point out, “The Governor cannot manufacture any business for the House to transact through a so-called message or otherwise. As far as the Governor is concerned, if he disregards the advice of the Council of Ministers, the pressure of the President can be withdrawn.” Countering KBG, the BJP’s Basavaraj Bommai – the petitioner in the Bommai case that KBG also quoted – argued that the Governor had every right to call for a floor test, and did not need the advice of the Council of Ministers as the government is a minority. 

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Karnataka crisis: Cong moves Supreme Court to seek clarity on use of whip

Politics

Karnataka Congress chief Dinesh Gundu Rao filed a plea to be impleaded as a respondent in the case filed by the rebel MLAs in the Supreme Court.

TNM Staff

Soon after the Karnataka Assembly missed the deadline of 1.30 pm on Friday for the trust vote to be held, Karnataka Pradesh Congress Committee chief Dinesh Gundu Rao moved the Supreme Court, seeking clarity on the issue of court’s exemption of party whip applying to the rebel MLAs. He also applied to implead as a respondent in the case filed by rebel MLAs.  In his petition, he stated the SC’s interim order on Wednesday diluted the power of a political party to issue a whip and is contrary to the Tenth Schedule of the Constitution. The petition mentioned that as guaranteed under the 10th Schedule, a political party has a constitutional right to issue a whip to its legislators. “The exercise of this right under the Constitution is not circumscribed by any condition nor can it be subject to any restrictive orders from the Court even prior to the issuance of the whip,” the petition stated.   The petition also quoted the Kihoto Holohan judgement in 1992 where it was held that decision with regards to defections by the Speaker is final and cannot be subjected to judicial review. In its interim order on Wednesday, the Supreme Court allowed the 15 rebel MLAs of the ruling coalition in Karnataka to not participate in Thursday’s trust vote, even while giving the Speaker the freedom to decide on their resignations and disqualifications as and when he wanted.  Gundu Rao earlier termed the SC’s interim order on Wednesday as a "bad judgement".  “The Supreme Court verdict is now encroaching upon the rights of the legislature. This is a bad judgement which seems to protect the defectors and encourages horse-trading and also violating the doctrine of separation of powers,” he had said.  This comes as part of the apparent tactics by the ruling coalition in Karnataka to delay the trust vote, despite a direction by Governor Vajubhai Vala to conduct the same by Friday afternoon. The Congress moving the apex court was on expected lines. Speaking on the same issue in the Assembly on Thursday, Siddaramaiah, the leader of the Congress Legislature Party, said, “SC order has discussed my rights as CLP leader to issue whip but I was not a respondent to present my concerns. As the outcome of anti-defection law has its implications on the no-confidence motion, I would like to request to postpone the motion until we get clarification from SC.” "Anti-defection law has not been struck down by the Parliament or by any court of law," said Siddaramaiah, referring to the Tenth Schedule of the Constitution. Speaker KR Ramesh Kumar accepted Siddaramaiah’s contention. He also said that Siddaramaiah was at liberty to implead himself in the case.   Meanwhile, the Governor has set a new deadline of end of the day to finish the trust vote proceedings. TV reports have suggested that the Governor had also sent an interim order to the Union Home Ministry on the say’s proceedings, as per procedure. 

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What the Karnataka Governor can do as trust vote was not held within his time limit

Karnataka Politics

If the trust vote is not conducted, the Governor has the power to dismiss Kumaraswamy from his post as Karnataka Chief Minister, say Constitutional experts.

Sanyukta Dharmadhikari

Despite Karnataka Governor Vajubhai Vala writing to Chief Minister HD Kumaraswamy asking him to prove his majority in the House by 1.30 pm on Friday, the floor test was not conducted on time. So what action can the Governor now take, since both the Speaker and the Chief Minister do not seem inclined to hold a confidence vote on an urgent basis? “It is now up to the Governor to decide the further course of action. The Governor can decide that since a majority has not been obtained, it is presumed that the Chief Minister has lost majority support and can ask him to resign,” Subhash Kashyap, a constitutional expert, told TNM. “If the CM refuses to resign, the Ministry can be dismissed by the Governor and a new CM can be appointed – who will then be asked to prove his majority,” he added.  “The coalition does not have many legal options if they’ve lost majority support,” Subhash Kashyap said, “Whether they have lost support or not should be decided ideally on the floor of the House. But if the House is not allowed to prove its majority, then the coalition does not have an option and a fresh trust vote will be held,” he added. Alternatively, the Governor can also recommend President's Rule under Article 356 to the Centre. “What could happen is that the Governor can call for President’s rule in the state,” Former High Court Justice D Hariparanthaman told TNM. In the case of President’s rule, elections must be held in the state in the next two months, and whoever wins will have to hold a floor test to prove their majority.  Speaking in the Karnataka Assembly, Congress MLA Krishna Byre Gowda asked Speaker Ramesh Kumar to decide on Governor's message but to also consider the rights of legislators as well. He quoted a Supreme Court Constitutional Bench ruling from 2016, during a similar political crisis in Arunachal Pradesh, on the limitations on the rights of Governors.  In detailed arguments, Karnataka Minister Krishna Byre Gowda cited the limitations of the discretionary powers of the Governor as stated in the Nabam Rebia And Etc. Etc vs Deputy Speaker And Ors order. In the Arunachal Pradesh case, the Constitutional Bench had said, “All that need be said is that except in specified matters, executive functions of the Governor whether relating to governance issues or issues pertaining to the Legislature are required to be performed by him on the aid and advise of the Council of Ministers and the Rules framed by the House. No discretion is available to him in these matters since he is bound by the advice given to him by the Council of Ministers and Article 163 of the Constitution cannot be imported into these matters. The only discretion available to the Governor under Article 163 of the Constitution is in respect of matters provided for by or under the Constitution not relatable to the Council of Ministers and the Judiciary.” Krishna Byre Gowda levelled allegations against the BJP of causing a breakdown of constitutional institutions. “In your greed for power, you're causing the breakdown of the constitutional machinery,” he said. In the Assembly, Krishna Byre Gowda contested, “The Governor's action on a group is not under the tenth schedule. The question of adoption or rejection of resolution only the legislature can be taken. Only if the legislatures agree it can be passed. Governor cannot schedule it.” However, Subhash Kashyap stated that the Governor has a right under Article 175 of the Constitution to send a message to the House in regard to any matter, and Constitution categorically says that if such a message is sent the House has to consider it as soon as possible. Article 175 (2) (b) of the Constitution of India gives the Governor power to dissolve the Legislative Assembly.  Late on Thursday night, Karnataka Governor Vajubhai Vala had asked Chief Minister Kumaraswamy to prove his majority in the House by Friday 1.30 pm. In his letter, he said that Kumaraswamy was sworn in after receiving support from the Congress, and that several Congress MLAs intimated him that they tendered their resignations. “It is clear from the above that out of 117 members, which is the strength of the Coalition Government, if these members are to move away from the ruling coalition, the same casts a serious doubt on the confidence in the Government/Ministry led by you in the House.” He then asked the Chief Minister to prove his majority by 1.30 pm on Friday. (With inputs from Priyanka Thirumurthy)

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