The interim order of the Supreme Court on the plea of 15 Congress-JD(S) MLAs is a welcome one as it has struck a balance between the rights of a Constitutional body, such as the Speaker of the Legislative Assembly, and that of the 15 MLAs by granting them total freedom to opt out of the Assembly session. The freedom and rights of both the parties have been well protected.
Also, by not stepping into the rights of the Speaker, the apex court has rightly said that he (the Speaker) should be allowed to arrive at a decision on the resignations at an appropriate time. It is for the Speaker to set an 'appropriate' time, but once a decision is made, the court will step in and review the order of the Speaker.
“In the present case, the discretion of the Speaker while deciding the issue should not be fettered by any direction or observation of this court. The Speaker should be left free to decide the issue in accordance with Article 190 read with Rule 202 of the Rules of Procedure and Conduct of Business in Karnataka Legislative Assembly framed in exercise of the powers under Article 208 of the Constitution,” the Supreme Court stated in its order. This observation further strengthens the whole issue as it was earlier being viewed as Speaker vs Supreme Court.
Following the order, the arguments of the Congress party, saying that the Supreme Court order on the political crisis nullifying the whip and providing blanket protection to MLAs sets a terrible judicial precedent cannot be accepted.
They cannot say that the court has not passed any order to them or to the Speaker and that it is their duty and left to them to issue whip to its members.
The chief minister was a party, who was represented by an advocate before the Supreme Court and they are running a coalition government. If there is any confusion over the SC's order, they can go back to the Supreme Court seeking a clarification on it.
The SC has said it in simple words that 15 MLAs "ought not" to be compelled to participate in the proceedings of the ongoing session of the state Assembly and should be given the option of either taking part or staying out of it. This means they can defy a party whip. If the Congress or JD(S) goes ahead and issues a whip to the 15 MLAs, who are before SC, they would be defying the SC's order at their own peril.
