The Supreme Court, at 10.30 a.m on Saturday, heard a fresh plea by the Congress-JD (S) combine, challenging Karnataka Governor Vajubhai Vala’s decision to appoint K.G Bopaiah as the Pro Tem Speaker to conduct the crucial floor test at the Karnataka Assembly.
Following the polls in the State, in which the single largest party, the BJP, failed to reach the majority mark, the newly sworn-in Chief Minister B.S. Yeddyurappa will have to prove his party's majority during the floor test on Saturday.
The apex court, in less than an hour after the proceedings began, stated in its order that the floor test will go ahead as planned with Mr Bopaiah as Pro Tem Speaker, after it was declared that local channels would broadcast the floor test live.
The Congress-JDS combine told the apex court in Friday that Mr. Bopaiah is a “relatively junior member” of the House with a “controversial and dubious record passing biased disqualification orders”.
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'All points in our prayer is summarized in one word: transparency'
Shortly after the SC proceedings, Abhishek Manu Singhvi and Kapil Sibal held a press conference at the Congress headquarters in Delhi.
Kapil Sibal: "We had moved the Supreme Court because of the previous record of K.G. Bopaiah. Supreme Court told us that if we have to decide on that then we will have to issue to the other side and wait for their reply. The additional Solicitor General then replied that the local channels will show the live proceedings. We didn't press for the other points in our prayer."
Abhishek Manu Singhvi: "All the points in our prayer is summarized in one word: transparency."
Bopaiah to continue as pro-tem Speaker
Senior Advocate Abhishek Manu Singhvi addressing the media following the hearing of the pro tem appointment issue, at Supreme Court, on May 19, 2018
The Supreme Court has decided, in its order, that K.G Bopaiah will continue as pro-tem Speaker. The floor test this afternoon will proceed with live recording.
"We may place on record the statement by Additional Solicitor General Tushar Mehta, for State and Governor, that there would be live telecast of the proceedings in the Legislative Assembly in respect of the floor test. Secretary of Legislative Assembly will record the floor test and provide live feed to several local channels which will simultaneously telecast the footage. Secretary of Karnataka Legislature will record the proceedings. Mr. Mehta states several local channels have been permitted to get the feed. No other item on the agenda will be taken up during the trust vote."
'But we are not politicians. We don't care'
As Justice Sikri was about to read the order, there was more room for humour. Mr. Sibal wanted him to switch on the mic, and said: "As politicians we know how to make ourselves heard." Justice Ashok Bhushan, part of the Bench, replied: "But we are not politicians. We don't care."
'Our problem is solved'
Responding to Justice Sikri's question on who will oversee the floor test, Additional Solicitor General Tushar Mehta says: "Floor test will be telecast live by local channels. What more transparency do they need? Cameras would be by the channels."
Mr. Sikri responds: "Videography of the floor test will serve the purpose. They are giving access to all local channels. Now let us enjoy our holidays. Our problem is solved."
Postpone the floor test?
Responding to Mr. Sibal questioning the propriety of Mr. Bopiah conducting the floor test, Justice Bobde says: "If you want us to examine his suitability, bonafide of Bopaiah, we have to issue a notice to him. We must then postpone the floor test. We declined to pass an order in that midnight hearing because we want to hear Yeddyurappa."
Mukul Rohtagi addressing the media
Mr Bobde tells Mr. Sibal: "You are in a zone of contradiction. You want us to test the suitability of the pro tem Speaker but you do not want to postpone the test."
Sibal responds: "Let him take the oath. But as far as the floor test is concerned you should pass an order under Art. 142."
Justice Sikri, part of the Bench says: "If you want us to review our order and do not allow Bopaiah to oversee trust vote, then who will do the trust vote?"
Sibal questions Bopiah's credentials
Kapil Sibal, speaking on behalf of Congress- JD(S), to the Bench: "Want to apologise for the trouble first of all. Appointment of Bopaiah is a problem. Just giving oaths is fine. But if Bopaiah has to supervise trust votes, it is a problem."
Sibal reads the Nabam Rebia verdict: "Discretion of the Governor is limited."
Justice A. Bobde, part of the Bench, clarifies that "Seniormost" means not age but number of tenures. Mr. Sibal says it's not just seniormost but also Boppaiah's record in the past. He refers to Operation Lotus.
'His voice can be heard across the road''
Proceedings began on a humorous note when Attorney General K.K. Venugopal told the court staffer, who asked Mukul Rohatgi whether he needed a microphone: "His voice can be heard across the road."
Bopaiah has a record of passing biased disqualification orders: Congress-JD(S) to SC
The application, filed by advocate Devadatt Kamat and settled by senior advocate Abhishek Manu Singhvi, said the appointment of Mr. Bopaiah was an attempt by the BJP to “seize and manipulate” the floor test ordered by the Supreme Court.
The Supreme Court had closed for extended summer vacations, but the Congress lawyers led by Mr. Kamat ensured that the application was filed in the Registry, cured of all defects and sent to Chief Justice Dipak Misra's residence to be listed for urgent hearing.
Mr.Bopaiah, the application said, has a history with the Supreme Court. Twice, in separate judgments in 2011 and 2012, the court had set aside disqualification orders passed by him, one of which involved Karnataka Chief Minister B.S. Yeddyurappa. They want Mr. Bopaiah to be impleaded in this case.
The application has sought the floor test to be video-graphed and asked the court to direct the segregation of members into separate lobbies for the floor test so that counting could be done in a transparent manner.
Governor's discretion cannot be arbitrary or fanciful: SC Constitution Bench
The core constitutional issue behind the Congress party's challenge is whether the appointment of V.P. Bopaiah by Karnataka Governor Vajubhai Vala is an “arbitrary” use of gubernatorial discretion.
Article 180 (1) of the Constitution gives the Governor the power to appoint a pro-tem Speaker. The Article says that if the chair of the Speaker falls vacant and there is no Deputy Speaker to fill the position, the duties of the office shall be performed “by such member of the Assembly as the Governor may appoint for the purpose”.
The BJP defends the Governor's appointment of Mr. Bopaiah by quoting Article 163(2) of the Constitution. The latter part of this Article mandates that “the validity of anything done by the Governor shall not be called in question on the ground that he ought or ought not to have acted in his discretion”.
Karnataka gears up for Saturday's floor test
The new one-man Bharatiya Janata Party (BJP) government of B.S. Yeddyurappa, which is short of a majority in the House of 221 elected members, faces an uphill task in proving its numerical strength during the floor test on Saturday.
It is seven short of the required number of 111. What are the scenarios? What are the options available to the BJP?
(Inputs from Krishnadas Rajagopal and Sandeep Phukan)
