The Karnataka high court ruling on Friday upholding the Speaker’s action in disqualifying 11 BJP MLAs who had revolted against chief minister B.S. Yeddyurappa will clearly mean a great deal to the chief minister. Almost from the beginning of the formation of the BJP’s first government in South India, its chief minister has been under intense pressure every so often from sections of his own party. The deep discontent within the ruling party had allowed the Opposition, particularly the Janata Dal (Secular) helmed by former Prime Minister H.D. Deve Gowda, the opportunity to fish in troubled waters. The downfall of the Yeddyurappa government has appeared imminent on more than one occasion, so fragile has appeared the political climate in the state. The high court’s order endorsing the Speaker’s reading of the anti-defection law in this case — which had shocked not a few — will doubtless help to lessen the sense of mortal danger which has gnawed at the vitals of the state government.
Not unexpectedly, the disqualified MLAs have threatened to approach the Supreme Court against the high court’s judgment. The Supreme Court can still quash the high court’s decision to uphold the Speaker’s action as valid. But now it may no longer be a clearcut case of the government falling automatically even if the original status of the 11 BJP rebels is restored. The mood inside the House has changed since the last headcount ordered by governor H.R. Bhardwaj, which the government side won without much difficulty, although the winner’s margin wasn’t wide, underlining the schism in the Assembly. Also, since then there have been retaliatory efforts by the BJP to poach on JD(S) MLAs, and have also targeted legislators from the Congress benches. Besides, the Independent MLAs who had threatened to bring down the Yeddyurappa government along with the BJP dissidents are by now likely to be a chastened lot. Some of them have apparently already signalled their desire to make a reappraisal of their recent position and return to the support of the BJP government, even if grudgingly. In the event, even if the Supreme Court red-cards the Speaker’s action against his dissenting party colleagues, the chances are that the chief minister can survive a floor test. This is not to say that he can ever be so confident of his party’s inner support to him as to run an administration with assurance, and give Karnataka a development and growth-oriented, forward-looking government that the state so badly needs. The millstone of some leading mining magnates — who are ministers in the Yeddyurappa government — around the chief minister’s neck can potentially provoke a crisis any time. The ministers in question know that the chief minister doesn’t care for them very much but is obliged to keep them on as they have the open backing of figures in the BJP leadership at the party’s national headquarters in New Delhi.
Whatever the political fallout of judicial processes in Karnataka, constitutional experts and political pundits are likely to remain divided on the action of the Karnataka Speaker and the high court judgment upholding the Speaker’s conduct. Many believe that the anti-defection law is quite clear that legislators attract disqualification only if they defy their party’s whip on the floor of the House. This clearly wasn’t the case in respect of the BJP rebels. There is perhaps a case for a review of this law — some might argue even for its scrapping. The late socialist leader and liberal intellectual Madhu Limaye, known for his redoubtable parliamentary skills, was one who forcefully argued the latter viewpoint. Ordinarily, it is true that a legislator elected on the ticket of a party should vote with the party in the House. But if an iron-clad law is made to enforce the principle, the right of dissent — so crucial to a democracy — is snatched away. It is necessary to strike a balance.