Yeddyurappa sworn-in as Karnataka CM

Yeddyurappa sworn-in as Karnataka CM

The focus now shifts to the floor of the Karnataka Legislative Assembly where the BJP will have to prove it has a majority.

The move raises serious constitutional and ethical questions.

But after the invitation, the head of the invited party must show he or she has the support of a majority of the legislature's lower house.

At the moment, all eyes are on what will be the Supreme Court's verdict after perusal of the letters of MLAs of both teams - BJP and JD (S)-Congress.

The law as it now stands gives the governor absolute immunity from judicial intervention in the exercise of his discretionary powers.

To this, the Justices Sikri, Bobde and Bhushan said they were wondering whether the Supreme Court can restrain a Governor that might lead to a constitutional vacuum in a state.

The BJP, despite being placed at number two in Goa and Manipur, was invited by the Governor to form the government. Why?

The Congress termed the governor's decision as "murder of democracy and trampling of Constitution". "You may kindly indicate the date, time and the place for scheduling the swearing-in ceremony", said a letter signed by the Governor.

While the courts have reiterated this time and again, the governors do not enjoy absolute immunity when they cross the line.

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Union Law Minister Ravi Shankar Prasad hit out at Siddaramaiah for accusing Modi and Shah of encouraging horse trading, adding that government formation in Karnataka is the prerogative of the Governor. That is not possible, he said, adding that the apex court can not interefere too much with the legislature's work. In 2007, he was in the Chief Ministerial gaadi for seven days.

In a floor test, the Speaker of the House would play a crucial role.

Yeddyurappa now is the sole man in the Karnataka cabinet. In other words, irrational and arbitrary decisions are not acceptable under the Constitution.

Modi wants to secure Karnataka to keep his momentum going in the run-up to the general election.

The BJP has the support of only 105 MLAs. How can the Congress and the JD (S) even think about forming the government?

The BJP is eight short of the 112-halfway mark needed for a simple majority.

They contended that they, with a total strength of 115 MLAs, are in a better position to form the government. "A lot of MLAs are upset with the "unethical marriage of convenience" between the Congress and the JD (S)".

"The BJP can go to any length to grab power".

A revolving-door policy for a governor makes things even more questionable! "The purity of electorate process would get polluted". In fact, in 2001, when Modi was an unknown member, Vala vacated his constituency so Modi could stand for election. This reeks of partisan functioning and is a classic case of denial of natural justice. Hence, BS Yeddyurappa, who represents the single largest party with the highest number of MLAs, can not stake a claim because he does not have a majority. Amid all these rumours, JD (S) Karnataka unit chief HD Kumaraswamy alleged that the BJP was trying to poach his party's lawmakers by offering them Rs 100 crore and lured them with the cabinet posts in the state government.

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