On Karnataka bypolls: Subject to peoples will (The Hindu)

Mains Paper 2 : Polity
Prelims level : ECI
Mains level : Anti defection law and its process

Context

• ECI agreeing to defer by elections to fifteen of the seventeen vacant Assembly seats in Karnataka, the defectors from the Congress and JD(S) have gotten a breather.
• By the agency of this order, the question whether they will contest the elections or not are answered by the Supreme Court before the bypolls. The rebel former legislators of the Congress and JD(S) had earlier this year resigned from the Assembly and were later disqualified by the then Speaker Ramesh Kumar.

Background

• Following these actions, the BJP managed to induce to power with the support of 105 out of the 208 remaining legislators within the Assembly.
• The then Speaker’s actions disabling the legislators UN agency had resigned until the tip of this term of the Assembly more a twist to the story. This sent the fate of those disqualified legislators into a limbo, because it created it unclear whether or not they will contest following this ruling.

Can disqualified legislature participate by poll process?

• Under the law (the Tenth schedule) though, it's not clear that how the ex-Speaker may fix a amount until that a member will stay disqualified and bar them for the remainder of the assembly term.
• It's evident that the disqualified legislators mustn't be disallowed by the Supreme Court from contesting within the byelections for the seats.
• However, the actions by the rebel legislators and therefore the Speaker, cumulatively beg the question if the letter and spirit of the anti-defection law were undermined.
• It was absolutely clear that the legislators UN agency quit the Congress-JD(S) coalition did therefore to suck up with the BJP and to realize new loaves of power within the style of ministerial berths.
• The actual fact that the BJP government led by B. S. Yediyurappa has unbroken portfolios vacant in its council of ministers indicates that these seats are unbroken heat for the turncoats.
• On the opposite hand, the Congress-JD(S) rigmarole of lockup up legislators in resorts and hotels before trust votes, besides the machinations by the Speaker - sitting on the resignations for a protracted amount and bobbing up with an uncommon disqualification order - didn't facilitate matters.
• The willfulness of the coalition had already led to a stasis in governance and had contributed to its loss within the Lok Sabha election and it's no marvel that the Congress and therefore the JD(S) have set to contest the byelections on their own.
• Besides deciding the longer term of the BJP government, that encompasses a slim margin of support within the Assembly, the byelections give a decent chance for voters of those constituencies to guage the parties and their representatives for his or her individual roles within the sordid drama this year.

Conclusion

• It's the people’s reasoned will that would ultimately bring a modification within the political culture instead of simply the implementation of the anti-defection law to manage lawmaker behaviour.

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Prelims Questions:

Q.1) Which among the following are not Constitutional body?
1. NITI Aayog
2. Minority Commission
3. Central Information Commission
4. Competition Commission of India

Select the correct option from the code given below:
(a) 1 and 2
(b) 3 and 4
(c) 1, 2, 3 and 4
(d) 1, 3 and 4

Answer: C
Mains Questions:
Q.1) Is disqualified rebels should not be barred from bypolls? Critically examine.