Can floor test take place when whip has been nullified: Congress on Karnataka crisis

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Published: July 18, 2019 10:42 PM

After the resignation of 15 MLAs from the Congress and JD(S), the strength of the coalition government has come down in Karnataka. The BJP has been asking CM Kumaraswamy to prove majority in the House or resign.

Karnataka crisis: Chief Minister H D Kumaraswamy with his coalition partners during the assembly session at Vidhana Soudha in Bengaluru. (PTI)

Karnataka crisis: The Congress on Thursday asked that how a confidence motion can be taken up when the power of a political party to issue a whip has been nullified. The Supreme Court in its judgement delivered on Wednesday said that the Speaker can decide on the floor test but 15 MLAs who have submitted their resignations cannot be compelled to join the proceedings in the House.

Referring to this, the Congress in a statement said: “Can a floor test take place when the whip has been nullified…How can the Congress Party enforce its rights under Schedule X of the Constitution to issue a Whip if some members have been exempted from complying with the Constituannly mandated Whip?”

The statement further said that the top court order directly impacts and abrogates the authority of the Congress to issue a Whip in the exercise of the power under Schedule X of the Constitution. A Whip is an order issued by a political party to its members directing them to vote on the party lines. Disobeying whip can lead to disqualification of the member.

However, the apex court order in a way has saved the rebel Congress MLAs from disqualification that they would have faced in case of defiance of the party whip.

After the resignation of 15 MLAs from the Congress and JD(S), the strength of the coalition government has come down in Karnataka. The BJP has been asking CM Kumaraswamy to prove majority in the House or resign. Earlier today, BJP leader BS Yeddyurappa said: “We are demanding voting on the motion but Chief Minister (Kumaraswamy) is reluctant to take it up as he has confirmed himself that he has lost the confidence of the House and the people. Everybody knows Congress and JD(S) have only 98 MLAs, we have 105.”

Karnataka Governor Vajubhai Vala has asked Chief Minister HD Kumaraswamy to prove the majority of the Government on the floor of the house by 1:30 pm tomorrow (Friday).

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