Supreme court order hastened fall of BSY government

The Supreme Court’s order on May 18 to conduct floor test next date, Saturday itself somewhat quickened fall of B S Yeddyurappa government in Karnataka. DH file photo

The Supreme Court’s order on May 18 to conduct floor test next date, Saturday itself somewhat quickened fall of B S Yeddyurappa government in Karnataka.

In his letter to the Governor Vajubhai, the BJP leader had claimed support of 104 MLAs and that of “others”. He was given 15 days time to prove his strength. But without going into controversy, the court on Friday preferred to the follow the principle laid down in the S R Bommai case (1994) to hold floor test to prove majority in the Assembly.

“Whether the Council of Ministers has lost the confidence of the House is not a matter to be determined by the Governor or for that matter anywhere else except the floor of the House. The principle of democracy underlying our Constitution necessarily means that any such question should be decided on the floor of the House. The House is the place where the democracy is in action,” the nine-judge bench had then said.

The court had then said it is not for the Governor to determine the said question on his own or on his own verification. This is not a matter within his subjective satisfaction. It is an objective fact capable of being established on “the floor of the House”, it had said.

Notably, there have been a number of instances in recent past when the top court intervened in situations arising out in states to order floor test immediately and without delay to ascertain the majority.

As no party got absolute majority in Goa Assembly, acting on a plea by Congress Legislature Party leader Chandrakant Kavlekar, the top court ordered Manohar Parrikar in March, last year to prove majority in two days instead of 15 days given by the Governor.

Similarly when the President’s rule was imposed on March 27, 2016, the apex court on May 6, 2016 ordered for special session of Uttarakhand Assembly for floor test by a vote of confidence, which finally led to reinstatement of Harish Rawat led Congress government on May 10, 2016.

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Supreme court order hastened fall of BSY government

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