Brazen Constitutional Impropriety in Karnataka

Monday, October 11, 2010

The Polit Bureau of the CPI(M) strongly condemns the unconstitutional and undemocratic manner in which the BJP state government in Karnataka has sought to continue to remain in office. Sixteen MLAs (eleven BJP and 5 independents) were disqualified and not allowed to enter the Assembly premises. As per the Supreme Court ruling in the Bommai judgement, a government has to prove its majority on the Floor of the House to continue in office. Any disqualification of an MLA can occur only after the vote when the party whip has been violated. Further, this cannot apply to independent MLAs. The Yeddyurappa government refused to have a division of votes in the House and relied on a voice vote to claim majority.

All this constitutes a brazen Constitutional impropriety and cannot be allowed. The Yeddyurappa government cannot remain in office unless it establishes its majority through a division of votes on the Floor of the Assembly.