The noise of democracy

 

 

Can Mulayam Singh Yadav still hang on to the Chief Minister's chair? The Supreme Court on 14 February delivered a verdict disqualifying 13 MLAs supporting his government in Uttar Pradesh. Though he has not lost majority in the Assembly, yet the fate of his government seems uncertain since the apex court verdict is open to political interpretations.

This is quite unlike the Supreme Court's earlier judgment in February 1998 which decided the fate of the Uttar Pradesh government by providing for a composite trial of strength between the BJP’s chief ministerial candidate Kalyan Singh and rebel Loktantrik Congress leader Jagdambika Pal. The MLAs were allowed to choose between the two and Singh survived Pal’s challenge backed by all non-BJP parties.

But, the apex court’s judgment on Valentine's Day is not so categorical. The court overturned the Assembly Speaker’s verdict and disqualified 13 BSP legislators who defected on 23 August 2003 to support Mulayam's government. However, it left the fate of 24 other BSP MLAs who defected later to take the number of defectors to 37 – more than a third of the BSP’s total strength of 98 thereby escaping the provisions of Anti-Defection Law – in hands of the Assembly Speaker.

After the apex court's ruling, the remaining 24 defectors too face disqualification – as they don't constitute a third of total strength of BSP legislature party – reducing Mulayam's government to a minority. Yet, it is up to the Centre to take a political decision whether to dismiss the Mulayam government or to let it continue till elections due two months later. The Election Commission has hinted that it may announce the schedule of UP elections in first week of March and it is likely to be under high security in five phases reducing the possibility of manipulation by a ruling party. Various parties have however, want dismissal of Mulayam government. BJP spokesman Rajiv Pratap Rudy told TSI that Mulayam was running an unconstitutional government which should be dismissed if Mulayam refuses to resign. Congress spokesperson Rajiv Shukla, for a change, seemed to agree with him and said President's Rule seems to be the only option as Mulayam has lost the moral right to govern after the apex court verdict. The Chief Minister, however, is no mood to oblige. "I still command the majority. I will seek a verdict from the people's court", he said. He is not far from the truth. With 13 BSP rebels disqualified, the Assembly strength falls to 388 as two seats are lying vacant – while seven MLAs have been restrained by court from participating in House proceedings. Thus, the effective strength is 381 and the majority mark is 191. Mulayam claims support of 197 MLAs including 152 of the Samajwadi Party, 22 BSP rebels, 14 Independents, two Loktantrik Congress Party, six unattached and one CPM MLA. If loses the majority only if the 22 rebel BSP MLAs too are disqualified.

The UP Governor has already sought advice of the additional solicitor general on whether they should seek clarification from the apex court on status of the 22 BSP rebels. If the court disqualifies them, Mulayam would have no option but to step down.

A politically volatile state like UP should not be subjected to any more political circus and be allowed to go into Assembly elections as in democracy the King is the voter.