Uttrakahnd crisis
|
state legislature= vs+ governor
|
Issues
|
- Role of Speaker
- Passage of Appropriation
bill by voice vote rather than based on division
- Even if one member ask
for division vote should have gone for division vote
- Summary disqualification
of nine descendent ruling party legislature even after the house is in
suspension
- Passage of appropriation
Bill without Majority
- Role of State government
- Horse Trading: Sting
video that allegedly caught Mr. Rawat offering inducement to win back
support of dissidents
- Role of Centre government
- President rule without
floor test
- Pre-empted the floor test
which the Bommai case held the right means to establish government's
majority
- Role of governor
- Should have convened
floor test immediately after the passage of appropriation bill, he is
the part of state legislature
- Role of President
|
Common feature
|
- Congress CMs losing the
support of a section of legislators
- Opposition making common
cause with dissidents to unseat the incumbent
- CM decided to face-off but
only after taking the 'precaution' of getting the rebel disqualified
for defection
|
Problem
|
- While ruling party in
State can selectively disqualify legislators ahead of the vote, Centre
has option of placing the assembly in suspension until it cobbles
together an alternative regime
- CMs cling on to post even
after dissidents clearly reduced their government by selectively
applying anti-defection law
- Use of anti-defection law
and imposition of article 356 requires impartial governor and speakers
|
Required
|
- Judicial clarity on
limits, if any of Speaker's power to alter the composition of the house
in the run-up to a floor test
- Urgent need to evolve the
further norms that inhibit the blatant misuse of Article 356 on one
hand and cynical use of Speaker's power to sustain a sinking regime on
the other
- Changing the adjudicating
authority in matters of disqualification of defectors is key reform
required as the tenure of speaker is dependent on the will of majority,
therein likelihood of suspicion of bias
|
Outcome of floor
test
|
- Congress won the floor
test
- Reminder to ambitious MLAs
that aayaram and Gayarams will not be tolerated anymore started in 1971
from Haryana
- It is only in small
assembly that such game played
- Now centre will be more
careful in applying the 356
- 7 point of SC
- Cannot be frivolous
- Rarest of rare
- Role of speaker
|
|
|
Comments
Post a Comment