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Raj Kumar Makkad (Adv P & H High Court Chandigarh)     12 October 2010

GOVERNOR AS MOGAMBO

Governor of Karnataka, Mr HR Bhardwaj, has chosen to play a despicably partisan role, making a mockery of the constitutional post he holds and fetching shame to his office. The direct involvement of Mr Bhardwaj in manufacturing dissent among a handful of BJP MLAs and Independent legislators who had aligned themselves with the party in order to destabilise the Government headed by Mr BS Yeddyurappa has been evident all along. It is amazing that these 16 MLAs, who should have submitted their resignation letters to the Speakers if their dissent been genuine, chose to meet Mr Bhardwaj at Raj Bhavan and informed him of their 'decision'. Sticking to the scriptt drafted by him, the Governor asked Mr Yeddyurappa to seek a vote of confidence to demonstrate his majority on the floor of the Assembly. This was nothing but a deceitful ploy to pretend adherence to constitutionalism while working overtime to undermine the Constitution. As much was evident when Mr Bhardwaj, in gross violation of established norms, practices and privileges, wrote to the Speaker, instructing him how to conduct the confidence vote and thus seeking to usurp, in the most shamelessly brazen manner, the presiding officer's rights. It is laudable that the Speaker not only rebuked Mr Bhardwaj but went ahead with his decision to disqualify the MLAs. Those who are finding fault with this decision would do well to remember that the Congress resorted to the same move in Goa while dislodging the BJP from power: If that was right, so is this right. But such facts are wasted on a scheming politician for whom the Raj Bhavan is an extension counter of the Congress to be used for hatching conspiracies against the incumbent BJP Government. Snubbed by the Speaker, Mr Bhardwaj has refused to acknowledge the voice vote with which Mr Yeddyurappa's motion was carried on Monday — the pre-planned disruption of the proceedings by Congress's agents prevented a formal division — and predictably recommended the imposition of President's rule. It remains to be seen whether the Prime Minister and his Cabinet will endorse this crude assault on democracy and subversion of the Constitution. 


There are three issues at stake in Karnataka. First, should a bunch of corrupt MLAs willing to strike a Faustian deal for a fistful of silver be allowed to hold an elected Government and an entire State to ransom? Second, should partisan individuals like Mr Bhardwaj be allowed to get away with undermining democracy by abusing their office? Third, should the Union Cabinet be allowed to take an irreversible decision on sacking an elected Government and imposing President's rule without allowing the judiciary to decide whether the Speaker has acted within the ambit of the law? The Congress has a long history of sacking State Governments, starting with the dismissal of the CPI Government in Kerala headed by EMS Namboodiripad. Since then, it has remorselessly and repeatedly stabbed democracy in the back, showing scant regard and lesser respect for the Constitution. Such criminal misdeed must not go unpunished.



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 1 Replies

Parthasarathi Loganathan (Advocate)     12 October 2010

Will the Governor and all Karnataka legislators share the cost of Assembly Elections to our exchequer for their murder and mockery of democracy by breaking the basic tenets of our Constitution ?


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