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Congress call to dismiss minority BJP govt in Haryana stems from its own dilemma
Constitutional provisions in light of SC judgment makes it hard to give marching orders to governments.
The Congress in Haryana faces a strange dilemma with regards to bringing down the “minority” BJP government in the state. The predicament stems from the party’s own disinclination to join forces with Dushyant Chautala’s electorally discredited Jannayak Janta Party (JJP), especially in view of the latter’s inability to keep its flock intact.
While the Congress on May 10 had asked the Governor to dismiss the minority BJP government and impose President’s rule in the state, Congress Legislature Party (CLP) leader Bhupinder Singh Hooda on Tuesday made it clear that the party was not seeking a floor test but dismissal of the government.
“The BJP government is in minority and needs to be dismissed by the Governor to stop horse trading,” said Hooda, indicating the possibility of JJP MLAs defying party whip to support the government.
How the constitutional scheme would work as per SC judgement
Experts, however, point out that Congress seeking President’s rule under Article 356 of the Constitution is a more of a political rhetoric for creating public perception.
Former additional secretary, Haryana assembly, Ram Narain Yadav said the Opposition should show the numbers to the Governor and convince him that they are in the majority. “If the Governor is satisfied, he will ask the government to prove its majority within a stipulated period. If the government gets defeated on the floor of the House, the Governor will explore possibilities to form an alternative government, as per the SR Bommai judgement of the Supreme Court,” Yadav said.
Yadav, an expert in parliamentary affairs, said that it’s only once the other parties refuse or are unable to form the government, would a report be sent by the Governor recommending President’s rule.
The BJP government is under stress ever since three Independent MLAs – Sombir Sangwan (Dadri), Randhir Gollen (Pundri) and Dharam Pal Gonder (Nilokheri), who were supporting it, backed out last month. With its post 2019 assembly poll ally, JJP, with whom the BJP broke ties on March 12, also deciding not to extend support to the government, the arithmetic in the state assembly has changed with the numbers for the BJP and its allies coming down.
Legal experts said that seeking imposition of President’s rule in Haryana is a hypothetical question as it is unheard in the history of India that a party in power at the Centre imposed President’s rule in a state run by the same party when its government was reduced to a minority.
The constitutional safeguards laid down under the 44th Amendment Act (1978) and SR Bommai case (1994) also come into play. “The question of government losing confidence of the assembly should be decided on the floor of House. The assembly should be dissolved only after Parliament’s approval of Presidential proclamation. Article 356 cannot be invoked in situations that can be remedied,’’ said an expert.
They said that assessment of Governor about majority without a floor test is also a key factor in deciding the future course of action.
No time bar for seeking trust vote in the House
In a May 10 memorandum to the Governor, Hooda had said that if the Governor does not dismiss the minority government immediately, then assembly should be convened. “The chief minister should be directed to seek a vote of confidence on the floor of the House. Affording an opportunity to this minority government to gather support through illegal and undemocratic methods will put the technicalities above the spirit of the democratic principles,” the memorandum said.
Experts said the vote of confidence won by Nayab Saini government on March 13 does not in any way prove to be a legal impediment if the Opposition is able to persuade the Governor to summon the House for a floor test again before a period of six months. They said that there was no time bar for seeking a repeat no-confidence motion against the government and there have been many instances when multiple no-confidence motions have been brought in the legislatures well before the expiry of six months of the motion being first moved.
However, it is the intent of the Opposition in pressing for a floor test that is doubtful. Prof Ashutosh Kumar, a political scientist at Panjab University, Chandigarh, said the Congress would not be keen on toppling the government. The longer the BJP stays in chair, the higher would be the gravity of the anti-incumbency sentiment against it. It is a perception game,” said Prof Kumar.
How numbers are stacked in assembly
The BJP won 40 seats in the 90-member assembly in 2019 polls and formed the government with the support of 10 MLAs of Dushyant Chautala’s Jannayak Janta Party (JJP), seven Independents and one Haryana Lokhit Party (HLP) MLA. Later, one Independent, Balraj Kundu withdrew his support.
The situation changed on March 12 when the BJP dumped the JJP to form a new council of ministers led by Nayab Singh Saini. It won a vote of confidence on March 13 with the support of six Independents and one HLP MLA while its former ally, the JJP, abstained.
The situation took another turn in May when three Independent MLAs, backing the BJP announced withdrawal of their support.
The strength of the House came down after independent MLA Ranjit Singh resigned from the House to contest Lok Sabha polls as a BJP candidate, another Independent MLA Rakesh Daulatabad passed away and Congress MLA Varun Chaudhary got elected from Ambala Lok Sabha, thus creating more vacancies. As of now, the 90-member House has three vacancies. The BJP has 41 MLAs out of 87 and would need three votes to win a floor test. The Congress has a strength of 29 MLAs. The BJP thus needs the support of Independent MLA Nayan Pal Rawat, HLP MLA Gopal Kanda, and rebel JJP MLAs even if it is just in the form of abstentions.
