Personally I feel what has happened in
Karnataka is a rape of democracy. The arguments and counter arguments
made by both groups and supporters are both correct and incorrect. When
there was a triangular contest where BJP, congress and JDS had contested
against each other , when none of the parties had a clear majority, the
natural option the governor should have should be dissolution of
assembly. But as per constitution there is a provision to invite the
single largest party to form the government , which was exercised by him
here. But the crucial point to be considered here is the governor had
not applied his mind as to how BJP would garner majority. Looking at the
party positions the only way was to wean away some legislators from JDS
or congress, in which case they would be disqualified under anti
defection law! Technically one can say the confidence vote would have
been passed in that case, but whether the support of a disqualified
member would count would have been subjected to judicial scrutiny.
The
attempt of Congress to bring in supreme court in the matter and the
urgency with which the court heard the matter in the middle of night
also need to be deplored! Why is that the supreme court does not show
this urgency in disposing of other cases pending with it, some of them
even affecting the lives of old people ?
By making a
claim to form the ministry and finally resigning without presenting
confidence motion, BJP has unnecessarily made a fool of itself, which, I
am sure, will adversely affect its performance in 2019 elections. I
also wonder how the protem speaker permitted Yedyurappa to make a speech
in assembly when called to present the motion of confidence!
The
alliance of congress and JDS
with congress offering the post of cm to
JDS which had less than half of Congress's strength was another act of
misusing the provisions , but can be considered political expediency.
Under the arrangement, when a claim was made by Kumaraswamy too,
governor should have considered the claims of both and should have taken
a judicious decision to invite Kumaraswamy as the alliance had a clear
majority and there was no bar on post poll alliance!
All
said and done, the latest drama in Karnataka once again reiterate the
need for drastic electoral reforms in the country, on the following
lines, which were suggested by me about 33 years back too.
1.The number of political parties in the country be restricted to 2 or 3.
2. Independents to be barred from contesting an election.
3. No post poll alliances be recognised to form ministry .
4.
In the case of a hung assembly, the house should not be constituted and
the state may be put under President's rule. Ideally next election
should be held after five years only (for which there is no provision
now)
5. Nobody should be permitted to contest from
more than one constituency. If at all this is permitted, it should be
done after the candidate deposits an amount equivalent to the election
expenses of one constituency. (As per law, one can contest am election if
his/her name appears in the electoral roll of that constituency. So I
wonder how one can contest from two places without making a bogus
claim!)
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