[The article below contains some knee jerk recommendations and opinions. These have come out more because of frustration and not out of any clear cut and sound analysis. Nonetheless its worth giving a thought.]
Over the last ten days, Karnataka has been the ground for very ugly Political activity. Never has the state seen this degree of Horse-trading and corruption. Blatant misuse of power and audacious use of bad language in public has become quite common with the politicians in Karnataka. No doubt the politicians have put 5 crore citizens of karnataka in Shame.
Two constitutional positions Viz, the Governor of karnataka and the Speaker of the lower house have become major players in the ongoing crisis.
The former gave political directions and the latter's decision to disqualify certain members has been questioned in the Courts.
The question in front of the court is that, How could the Speaker disqualify independent MLAs when they do not belong to any political party?
Well let the court decide that.
But there is another law in our constitution which i think applies to most MLAs sitting in the present Assembly. Article 191 Clause 1 (b) says "A person shall be disqualified for being chosen as , and for being, a member of legislative Assembly or legislative council of a state if he is of unsound mind and stands so declared by a competent court"
Given the kind of behaviour of some of the MLAs who shifted sides in matter of few hours, they can be best said having "Unsound Mind". Anyone with sound mind will not change ideologies in 24 hours. Anyone with sound mind will not tear his shirt in the Floor of the assembly. These kind of behaviours must come under the ambit of "Unsound mind" and these MLAs must be disqualified under article 191. Constitution must be amended and these behaviours must warrant disqualification. There must also be a law which prevents withdrawing support more than once to any government in power in a span of 5 years.
These things may be slightly contrary to the true spirit of democracy, but as the supreme court hearing a case on anti defection law in Kihoto Hollohan Vs Zachillhu rightly remarked, they become necessary "to curb the evil of mischief of political defections motivated by the lure of office or other similar considerations"
Good observation sunil. It's really sad to see/hear people comparing karnataka with Bihar these days...:(
ReplyDeleteWish this could be done Sunil but unfortunately they are of very very sound mind and hence this situation arises. Further there is a requirement that a competent court has to declare them as unsound mind and this will not happen.
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