It emerged as the single largest party

In all of this, what has certainly gone out of the democratic window is any notion of public morality. This ambivalence must end. Unfortunately, it is now accepted that the high constitutional office of the governor will not necessarily be objective. Only this can explain the choice of B. When it has suited it, the Congress has supported the principle of priority being given to the single largest party.S.The bitter truth is that we are becoming a very sordid democracy. If this happens, the grey zones, where the distinction between morality and legal interpretations blur as per convenience, must cease to exist. There was the landmark judgment in the S.R. The prospect of no single party getting a clear majority on its own in many states, and even in the parliamentary elections due in 2019, looms large. Prime Minister Narendra Modi held 21 rallies, and credit must be given to the indefatigable energy he invested to boost the BJP’s prospects. On that occasion, the BJP argued that a post-poll alliance has the first right to be invited to form the government, because it was not the single largest party. Dozens of Central ministers were parked for days in Bengaluru.

This question becomes all the more relevant since the BJP had pulled out all the stops to secure this majority.But obviously, these are not enough. The highest court in the land has risen to the occasion in the past. Either there was not that degree of anti-incumbency sentiment against Mr Siddaramaiah, or the mood against the BJP was not that positive, or the efforts put in by Rahul Gandhi, helming the Congress, was effective enough to ensure that the BJP did not do as well as it hoped to. All concerns about corruption were finessed by caste calculations. That is why the Supreme Court must intervene and lay down a new set of clear-cut guidelines, on how we can endeavour to Wholesale insulation board外部リンク run a more ethical democracy, and intervene again, proactively, to ensure that its rules are enforced. “Resort” politics, where legislators who are empowered to make laws that will affect our lives, are herded into stringently enforced insulation so that they can be prevented from being bribed, is accepted as the norm. I don’t think politicians will reform.This was in stark contrast to what happened in 2013, when after five years of BJP rule the Congress led by Mr Siddaramaiah got a clear majority of 122 seats.

In spite of the choreographed projections of euphoria on behalf of BJP spokespersons, the party must introspect why, after five years of the Siddaramaiah government — and the mood of anti-incumbency it was expected to generate — it did not get a clear majority on its own. Otherwise we will continue to have such situations where, in the pursuit of power, each party, throwing all principles to the wind, will quote whatever precedent or legality that suits it. This eliminated the subjective satisfaction of the governor, or even the President of India, as the criteria for a political party to lay claim to a majority. Democracy is the stronger for this. Yeddyurappa, who had spent time in jail on corruption charges, as the BJP’s CM candidate.PM Modi held 21 rallies, and credit must be given to the indefatigable energy he invested to boost the BJP’s prospects. For the future, it would be good for the Supreme Court to come up with comprehensive and stringent guidelines for the dignified and ethical conduct of our polity. The tainted Ballari brothers were taken on board by the BJP merely on winnability considerations.The shenanigans in Karnataka provide a perfect trigger for the Supreme Court to lay down these clear-cut rules. No stone was left unturned to influence voters. The Supreme Court’s intervention was critical in fast-forwarding the vote to prevent horse trading, disallowing a secret ballot as sought by the BJP, and instructing that the trust vote proceedings be videographed. Even earlier, Parliament had passed the amendment to the 10th Schedule of the Constitution, relating to defections, to prevent horse-trading and the blatant misuse of money power to buy legislators. Does the governor invite the single largest party first? Does he give priority to a pre-poll alliance? Or does he choose a post-poll alliance? There are precedents to support either of these choices. In 2005, some more principles were laid down by the Supreme Court in the Rameshwar Prasad case. Quite clearly, five years later, the BJP could not repeat this. Now, in Karnataka, the two parties argued precisely the opposite: the BJP asserted that the single largest party must be preferred, and the Congress espoused the rights of the post-poll alliance.Certain facts are clear.
Supreme Court of India What has unfolded in Karnataka has made one thing abundantly clear — the world’s largest democracy must establish some definitive and transparent rules, in order to retain its credibility.As I finish writing this, Mr Yeddyurappa has resigned prior to the trust vote, without facing it, obviously as he did not have the numbers.. This was seen, most recently, in the elections in Goa, Tripura and Meghalaya, where it was the single largest party. Each political player must know that in the event of a hung House, these are the rules of the game, and no amount of skulduggery can change how the democratic script will play out. His strength was not probity, but his alleged hold on the powerful Lingayat community. The BJP did well in the Karnataka elections, but not well enough.

It emerged as the single largest party with 104 seats, but not a clear majority. It is also accepted that biased presiding officers of the Assembly will do the needful to evade the provisions of the anti-defection law. Bommai case in 1985, which made clear that a party that claims a majority must do so on the floor of the House, and not in the drawing room of the governor. Frankly, however much legal pundits may quibble, there is no categorical clarity on what course of action has legitimacy in a hung House.  A disgusted public has also accepted that when it comes to securing a majority, horse trading, involving mind-boggling amounts of money, will be the choice of political parties. And yet, the majority mark remained elusive


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