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Firstly, it underlines the need for judicial adjudication to be as specific and categorical as possible. Once a right is recognised by a court, especially the apex court, its remedy must not only follow but be effectuated down to the last detail. It is because this has not frequently happened in past judgements that recurring aberrations occur. A case by case approach is either too little too late or does not provide any guidance for the future. This is the reason that we asked the court to keep the Karnataka case alive for future final adjudication despite conclusion of its immediate context. Eventually, the court must lay down specifically that which was already identified in Bommai or in the Bihar Rameshwar case, as scourges afflicting the system, but not effectively addressed to the last detail, thereby permitting distressing and avoidable repetitions. Those earlier judgements did not (and we hope this one does) lay down specifically the sequence and priority in which political formations must be called at the time of installing a government, post-election.

Secondly, there should be specific acceptance or rejection of different paras/sub paras of Sarkaria and/or Punchhi Commission reports, not mere multiple references or extensive quotations therefrom, without clarifying whether they were adopted as mandatory rules by the Supreme Court (regrettable omissions of both Bommai and Rameshwar.
Thirdly, they should categorically state that, absent clear majority, a pre-poll alliance at or crossing the majority mark should be called first; a single largest party below majority mark should be called if and only if it indicates in its letter of claim, with some details (eg. names and signatures), those others and independents with whom it intends to cross the majority mark. The third priority category would be a post-poll alliance asserting, again with names and signatures, a majority plus figure.

Fourthly, irrespective of merits, the Supreme Court’s evaluation of emergency followed by a marathon night hearing deserves unconditional and comprehensive applause. It is a matter of pride that the Indian apex court, unlike most others, can be moved in this fashion, once they are convinced of urgency involving matters of fundamental importance. Little did the BJP realise that itwas they who helped us tremendously on this score. The Governor’s invitation at 930 pm followed by BSY’s immediate assertion of a swearing in at 9 am the next morning, left the apex court with no option but to sit at night. The apex Court’s night sitting itself showed its determination to see that the remedy must follow the right to the end.

Fifthly, the psychological impact of the SC’s approach should not be underestimated. At the political level, it gave a great fillip and restored espirit-de-corps to a somewhat dejected Congress cadre. More importantly, it sent a clear message to those fence sitters with fickle loyalties and to political acrobats, that the final result was still uncertain and that there was a stern and fearsome judicial supervisor overseeing everything.
Sixthly, the Congress-JDS marriage, since it was baptised by fire, reflected a very welcome uniting of diverse forces transcending Karnataka. Politically, it continues to reflect both in the more yielding approaches of the two parties in ministry making as also the convergence of diverse strands of the political spectrum at the swearing in on 23rd May. Mayawati and Mamata picking up the phone and talking to HDK in a matter not directly concerning them or their states, is a symbolism which the BJP can ignore only at its peril.
Seventhly, without throwing the baby out with the bath water (i.e, without abolishing the post of Governor altogether), specificity by SC regarding minimum stipulated time periods and sequence, mode and manner of proceedings in such situations is the best long term panacea. Idealistic sermonising without a specific set of guidelines regarding time limits and mode of action (regrettable omissions of past judicial precedents), has served only the cause of lawyers (!) and generated future disputes without imparting clarity.

Eighthly, it is interesting that although the BJP started with some sympathy as being the single largest party, its arrogance and hypocrisy has erased all such feelings, as if by a magical wand. The brazen display of allurements and blandishments, including, allegedly, by no less than the CM and his son, caught on candid tape/camera, has permanently besmirched BJP reputations going up to the top.

Ninthly, it is tragic that till the very end, as far as the court is concerned, the highest law officers of the government and counsel for BSY were instructed and did seek a secret ballot (the only raison d’être of which is to court Lady M), oppose vehemently any fetters on the CM’s powers to act even without a floor test, choose the one person out of 104 MLAs as protem Speaker who had been strictured strongly and categorically by the Supreme court and importuned strongly for a minimum  window for the floor test till Monday, 21st May. That many of these things did not happen is not for lack of desperate attempts till the eleventh hour but because the SC was astute enough to see through such tactics.

Last but not the least, election after election, from UP to Bihar, from Goa to Karnataka (where even the Congress alone fetched more vote share than BJP and a pre poll alliance would have yielded minimum 51% to 55% seats), teaches us the vital necessity of preventing the anti BJP vote division. Such strategic pre poll alliances which effectuate this must commonsensically be axiomatic. Such alliances are always compromises, hence, at the highest, second or third best solutions plus they involve submergence of giant egos. But that is why they should be strived for, at least a year before the 2019 elections.

( The author is MP; National Spokesperson, Congress; fmr Chairman, Parliamentary Standing Committee & former Addl Solicitor General. Views are personal for economic times)

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First and foremost, it is a historic interim order by the Apex Court in this country. It is historic because, directly for the first time with this degree of specificity, it is raised for the first time, the extent of the right and discretion of the Governor to call ‘a’ or ‘b’ for Government formation immediately after the election. It has been raised, but not opined upon directly in any earlier case with this degree of specificity.

The first point I want to make is that although the Hon’ble Supreme Court was fully entitled to close the case today, because ultimately the case on the ground level will be closed tomorrow, not in law, but on the ground level when Chief Ministership is elected. But they kept the point alive to be heard despite the fact that somebody could legitimately argue that the matter is now infructuous and your Lordships don’t need to hear you.  So I think, it is at our request, at my specific request, and we are very proud that the Hon’ble Supreme Court will hear the matter and we hope and trust that we will establish this milestone as well in the near future.

Secondly, it is ironical and funny that people talk of frustration on the part of the Congress. They talk of it while defeat stares them in the face. The Counsel for Mr Yeddyurappa started after the Court had said that it is going to be held tomorrow, the floor test. By saying that if 15 days is not good enough, then please have it 10 days, he then came to 7 days. He finally said do not have it before Monday. Please do not have it before Monday. Well don’t you see the message is clear in that? Why Monday, why anybody will argue for Monday? You wrote a letter on 15th, today is the 18th you need  further till Monday to do what you could not do for three days.

Next, aspect of frustration – under the Central Government’s directions the number no. 1 law officer of the country of the Central Government, the learned Attorney General, on instructions, specifically and categorically asked for a secret ballot. As you know secret ballot is never-never, never-ever done for a confidence vote. But more importantly, who will ask – your common sense should tell you who will ask for a secret ballot? Your common sense should tell you why a secret ballot would be asked? The answer to both, 7-15 days and the answer to secret ballot is the same man, with the same name, starts with ‘M’ in English.

Then, after the Court made it clear that Mr Yeddyurappa shall not do anything of a policy nature, there was again an objection by the Counsel for Shri Yeddyurappa that how can you stop a Chief Minister from functioning and not taking policy decision. What is the objection of such a prayer when the trust vote is tomorrow, why will anybody  say that we want to take a policy decision? In fact I would say why is Shri Yeddyurappa so desperately anxious to write a letter to the Governor on 15th when the Election Commission Gazette notification notifying the election finally is 16th. Clearly, policy decision again is the third thing specifically the Supreme Court rej3ected. So Supreme Court said there shall be no secret ballot affirmatively and specifically. He shall not take policy decisions. It shall be tomorrow not 7 days or Monday and according to me, the letter of Shri Yeddyurappa which was produced today, is the most curious letter. It defies the laws of arithmetic, the laws of Einstein and Newton,  because it simply says, I have been elected leader of the BJP and I will form the Government rest assured, last sentence adds  – I with the help of others, will form the Government – that is all – we have seen the letter today. One line in fact, one part of one line.

How, who, where, why – nothing is mentioned about these mythical ghosts called others. Remember, our letters both from the JD(S) and the Congress said, we are so much in number; we attach a list of signatures. Same thing from the JD(S) – we are so much in number, we attach the list of signatures. So the question in law which we raised was, to what will the Governor apply his mind, that is assuming if the Governor would like to apply his mind bona fide, but in case the Governor would like, in a bona fide manner, to apply his mind, and I reserve  comment on that from a public forum – what will he apply his mind to? To the fact that simple arithmetic numbers tell him that out of 221 Election Commission certificates have been issued to 117 people. They are all on our side. 221 – 117 would only give 104. Rest, we will decide on the floor. So, for purpose of calling, I am not saying that we will win or lose, the Governors role for the purpose of calling had only to see 221 divided by the certificates issued and signatures given has to be 104, and you will then call whom. Unless like Alice in Wonderland,  Five is smaller than four, and seven is smaller than six, he has to call 117 or 116.

This is the truth and the root of what is happening and this will be set right tomorrow. I think the BJP knows that it is facing and staring at certain defeat, I think the BJP knows that it has lost politically, legally, constitutionally, but above all morally. I think that the BJP knows, that at least 50% of the things, which their prospected CM candidate, which the Central Government instructions to the Supreme Court, which the arguments of the Counsel for Shri Yeddyurappa were completely wrong against the Constitution, but morally reprehensible. On all those 50% points, they have lost. The rest will be set right politically tomorrow. We hope and trust that this kind of shenanigans will not go on tomorrow from the side of the BJP.

We hope and trust, that amongst those 50% points, is the remarkable point which everybody knows and our sources told us, that the informal recommendation had been made and the Governor was at the very edge of issuing the notification, but in the light of the hearing of the Supreme Court, it has not materialized and that is the nomination. According to us clear, but now according to the BJP camp denied, the nomination amongst the Member of the Anglo Indian community under Article 333 of the Indian Constitution. To even think of this before a trust vote is again politically, legally constitutionally and morally reprehensible.

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