At supreme court’s door

At supreme court’s door

Floor tests have rendered Article 356 virtually dead letter. Horsetrading too needs an antidote.

Only a floor test can resolve whether Congress enjoys majority in the Madhya Pradesh legislative assembly. The Speaker is yet to decide on the resignations of 16 MLAs after accepting resignations of six ex-ministers owing allegiance to Jyotiraditya Scindia. In Supreme Court, Congress demanded bypolls in these 22 seats before conducting the floor test, claiming the mandate of these constituencies cannot go unheard in a floor test. Unsure that this argument will pass muster, the Congress side also argued the Speaker needed to be convinced the resignations were voluntary.

In a similar situation in Karnataka, the Speaker had disqualified Congress-JD(S) MLAs who had resigned after adhering to SC’s order to conduct a floor test. In state after state, SC ordering a floor test has consistently produced the best outcome in terms of proving a government’s majority. This is in stark contrast to earlier decades, when Centre unilaterally dismissed elected state governments using Article 356, flouting Constitution’s federal principles.

Yet even the floor test is unable to answer two troubling questions: that of horse trading, and the Speaker’s partisan conduct in situations where governments are in trouble. In contrast to MP, the Gujarat Speaker was quick to accept the resignations of five Congress MLAs with four Rajya Sabha seats in contention. Two months ago, SC had suggested bestowing the Speaker’s power of disqualification under the anti-defection law on an independent tribunal. The anti-defection provisions are toothless because disqualified/resigning MLAs can immediately contest a bypoll and return to the House. Disqualification for the tenure of the House will serve as a stronger deterrent against horse trading. Unfortunately, neither Parliament nor Centre is attempting to evolve legislative safeguards. Neither should cry judicial activism later if SC finds an avenue to restrict horse trading.