The Congress on Thursday called the Supreme Court order on the rebel Karnataka MLAs “highly problematic”, and asked how could the Congress or its legislature party leader in the Assembly, Siddaramaiah, follow it since it was not a party to the case.
At a press conference at the party headquarters, Congress communication chief Randeep Surjewala, who is also a lawyer, said the top court’s order took away the Congress’’s power to issue whip to the rebel MLAs under the Tenth Schedule of the Constitution.
“The order of the Supreme Court directly impacts and abrogates the authority of the Congress to issue a whip in exercise of the powers under Schedule X of the Constitution,” said Mr. Surjewala.
“This is highly problematic since neither the Congress nor the party leader in the Assembly were parties to the case being heard before the Supreme Court. How can the Congress then be bound by a decision that it wasn’t a party to?”
“Can a court order suspend a part of the Constitution,” he asked.
The Congress leader said Mr. Siddaramaiah had written to Karnataka Speaker K.R. Ramesh Kumar for clarity on the Supreme Court order.
Skipping floor test
“The Congress party’s authority to issue and enforce a Whip has been effectively nullified. This concern manifested itself in practice today when the rebel MLAs took advantage of the Honourable Court’s order to avoid participating in the floor test,” Mr. Surjewala said.
He said the Constitutionally guaranteed separation of powers between different organs of the State seems to have been breached.
“Can the judiciary impose its own terms and conditions on how a floor test should be conducted and consequently govern proceedings of the legislature,” he asked.
Accusing the BJP of using ‘money and muscle power’, the Congress leader said the Supreme Court should consider the context of these defections. “The Tenth Schedule exists to punish MLAs who betray the public mandate and the penalty prescribed is disqualification. Can a free and fair vote of confidence take place in the absence of constitutionally mandated guarantees and parliamentary procedures,” he asked.
