In state after state, constitutional proprieties have been trashed by those who should uphold the Constitution. The Constitution demands that the Governor invites the party with the single largest majority to form the government after election results are announced. But this is violated again and again. However this is not a recent phenomenon. It started with the Congress regime when Indira Gandhi was prime minister and has only worsened. In the recently concluded elections in Karnataka which went to the polls on May 12, out of the 222 seats in the House, the BJP won 104 seats, the Congress got 78 and the JD(S) 38 (including one of the Bahujan Samaj Party with which it had a pre-poll alliance). There was one independent candidate and another from the newly-formed Karnataka Pragnyavantha Janatha Party. Soon after the results were announced the JD(S) and Congress tried to work out a coalition for government formation with the idea of keeping out BJP. But a lot of backstage maneuvers ensured that some MLAs from the JD (S) were whisked away to unknown destinations thereby making it difficult for the JD(S)- Congress alliance to parade the full strength of their MLAs.
Meanwhile, B.S. Yeddyurappa, the 75-year-old Bharatiya Janata Party (BJP) leader and former Rashtriya Swayamsevak Sangh (RSS) worker, was sworn in as the 23rd chief minister of Karnataka on Thursday by Governor Vajubhai Vala. Vala an appointee of the Modi Government bent over backwards to facilitate government formation by the BJP and even gave Yeddyurappa a long rope of 15 days to prove his majority on the floor of the House.
The Congress hastily approached the Supreme Court on the matter on May 16 evening forcing the Court to hold a four-hour midnight hearing. The Court declined to stay Yeddyurappa’s swearing-in ceremony and posted the case for hearing on May 18. On Friday the Court asked Yeddyurappa to prove his strength on the floor of by 4 pm on Saturday. The Court has also appointed the senior most MLA as the Speaker to oversee the floor test. Congress has welcomed the Supreme Court decision and stated that the judiciary has yet again saved democracy.
The question now is whether the BJP can cobble up the numbers to prove its majority. The Party is short of eight MLAs. What can happen between now and 4 pm on Saturday will be the litmus test for parliamentary democracy in India. Whatever be the result of the floor test the role of the Governor has come under a cloud. Governors have for a long while been more loyal to the Party that appoints them than to the Constitution.
