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Friday, 18 May 2018
Battle Between The Congress And The BJP in The Indian Supreme Court About Karnataka CM Swearing in
Addendum: (The Indian Supreme Court is wrong to ask for the list from the BJP. If there was one governor for all the states the SC could have been right but the very fact that there is a governor in each state means that the issues related to each state is different. A governor knows about those issues of the state, of which he is the governor.
It is wrong for the SC to believe that the governor relied only on that paper submitted by the BJP. When the governor has the prerogative to call which ever party he thinks is right, the SC will be sticking its neck in the wrong place. If the SC objects to it, then there will be a crisis and since BJP is not going to accept that, it will create chaos. Ultimately Karnataka people will suffer. Not only that, it will snowball to other states too - causing instability in the country. All made because of the SC. This is not good for India specially when BJP can easily be out of job in 15 days if it cannot prove itself. SC has to understand this and the political game that is constantly played by parties. How the BJP does that is its game. It happens to be the most trusted party in Karnataka. That is its qualification and that is what democracy is all about. SC, instead, should have said, it is the governor's preoperative.
Also completely failing to understand what happens in a political game, the thinkers in India are only talking about horsetrading. They should think harder and let the political game be played so long as that is within the law of the land.)
India is having a bit of a rough time, with the Karnataka Elections. The case is gone to the Supreme Court for hearing. This article is a reaction to that.
Courts have jurisdiction ONLY to see if something illegal has happened. It cannot say anything about beneficial or not beneficial, good or bad or should have done this or that. Governor is not a computer or a clerk. He/she is an intellectual, who utilities that and come to a decision so long as it is not illegal.
1. Is the governor's decision Illegal?
Law offers the power to call the party with the largest number of MLAs. There is nothing illegal in it. The court has got no jurisdiction to stop him doing so. As the governor is simply exercising his right (rights and privileges) under the law.
2. Is it a disgrace?:
Absolute numbers are just numbers - a formality. In relation to Karnataka, being very close to the half way mark, BJP can almost be declared as one having the mandate of the people. It deserves to rule the people, who have shown most faith on them. Shortage of 5 MLAs mean little. On the other hand, bagging only 1/4 MLAs the Congress and the JDS are simply not given the mandate by the people. The post poll alliance of Congress and JDS is not only an act of playing politics but this marriage of convenience is simply a case of cheating the people of the state of Karnataka. While the people did not want that alliance, and have been tricked into that, the government formed by the two arch rival may not last long. It thus is not good for the people of Karnataka. That is against demo-wish.
3. Will there be horse trading?:
a. Politics is a game. Every politician looks at his own future and plays the game. He can do anything to play the game but cannot break the law. He, therefore, cannot join the BJP after swearing in is done. b. If he is seen accepting bribes then he can be caught. At the right time he may not appear in the swearing in ceremony or the actual vote. For this party might discipline him but the law has no jurisdiction on that, either.
b. The Post Election tie up:
Yes the showing teeth is that the two have 116 MLAs in total. But that is the showing teeth. In addition to people not being happy with their coalition, many Congress and DJS party members are very bitter about it. These were sworn enemies before, now they shake hands. These unhappy MLAs are free to decide to remain in the party or to leave on their own volition. It is their freedom.
Thus the solicitors talking about horse trading alone as a means of gaining MLAs in the Supreme Court hearing right now is not right.
The appeal to reduce the 15 days to 7 days is as arbitrary as the former.
If the Indians think properly, the right to form the government should primarily go to the one, who has been trusted therefore voted by most of the people. That is what democracy is all about. The Congress simply has to secure their MLAs. If they do that BJP government will simply fail after a few days. So where is the anxiety? Forming a government isn't the end, proving majority in the floor of the house is, as Bajpayee bitterly realized. Also, BJP has failed in the Rajya Sabha battle in Gujarat too.
It simply shows Congress is very unsure about itself.