The recent events in Karnataka point to the complete destruction of political morality. Let us re-acquaint ourselves with the full facts of the case. There was, first of all, the solemn agreement between the two political parties, Bharatiya Janata Party and Janata Dal (S), which laid down that each party would have 20 months in power, with the JD(S) getting the first chance to do so. This was violated with impunity by the JD(S). When the JD(S) CM, H.D. Kumaraswamy, tendered his resignation after the withdrawal of support by the BJP on the ground that he had failed to transfer power to it, the Karnataka governor recommended President’s rule. However, the assembly was kept in suspended animation in deference to the Supreme Court judgment on the S.R. Bommai case, that an assembly should not be dissolved until Parliament approves the proclamation.

At that point when JD(S) leaders got the whiff of a split in the party — with some MLAs preparing to join hands with the Congress to form the government, they approached the BJP and gave it their unconditional support to form a government. The Karnataka governor then submitted a report to the effect that BJP legislators, together with JD(S) legislators — numbering 129 — had filed individual affidavits extending unconditional support to a BJP-led government. On the basis of the governor’s report, the Centre took a decision and vacated President’s rule.

It is important to note here that 129 legislators were presented, not only before the governor but also before the President. It was only when the governor was satisfied that B.S. Yeddyurappa enjoyed majority support that he rightly appointed him CM, exercising the power vested in him under Article 164(1) of the Constitution. Once the governor is satisfied with the majority support enjoyed by an individual who has laid claim to being appointed CM and the governor goes ahead and appoints him or her, that is where his involvement rests. Nowhere does the Constitution authorise the governor to impose a condition that the CM should seek a vote of confidence in the legislature. Yet, the Karnataka governor did precisely that, thereby creating conditions for further political instability.

... contd.