For minority government, floor test invitation to buy MLAs: Sibal

Asking a minority government to prove majority in a floor test is akin to asking it to buy MLAs in violation of the Constitution

Asking a minority government to prove majority in a floor test is akin to asking it to buy MLAs in violation of the Constitution, said Union Minister for Science & Technology Kapil Sibal, talking at the Indian Express Idea Exchange.

“The parameters of the Bommai judgment are totally flawed and the whole concept of floor test is wrong,” said Sibal. “By asking a minority government to prove majority you are asking it to violate the Constitution.” He said a minority government should be allowed to continue until a no-confidence motion is brought. In order to prevent cross-voting there, amendments could be made in the anti-defection law to automatically disqualify legislatures who defy the party whip.

The minister said that Mulayam Singh Yadav’s asking for another floor test would amount to making a mockery of the Constitution.

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“Imagine a situation in which MLAs are bought knowing fully well that the Speaker would remain silent. Then the case reaches the judiciary, where it takes years before disqualification. Even then, instead of quitting, one wants to prove the majority again and the entire cycle is repeated. Is this constitutional? You are worried about the proper use of article 356, should you not be worried about Tenth Schedule also? Otherwise a person without any popular mandate can go on forever as CM in the same fashion,” Sibal said.

Sibal said the continuance of Mulayam government can only be through subversion of the Constitution. He said this was his opinion as a lawyer, and that the imposition of President’s rule could only be decided by the Union Cabinet. Asked if the Congress had not raised this aspect with the Left, Sibal said the Left parties refused to admit that the issue exists. “They said they would not look at that issue,” Sibal said.