Just when you think that the curtain has been closed in Karnataka election, a new drama is right around the corner. Yet another constitutional twist of plot seems to be unravelling in Karnataka. After hours of the swearing-in ceremony of BS Yeddyurappa, Congress-JD(S) has filed a petition to restrict the governor from nominating and appointing any member of the Anglo-Indian community as the MLA until the floor test is conducted.
https://twitter.com/barandbench/status/997056488668520448?ref_src=twsrc%5Etfw
The petitioners believe that BJP may try to add one MLA to their strength in the house which is set to go for a majority test in the coming days. Congress and JD(S) have submitted that by appointing one Anglo-Indian MLA, BJP may try to outnumber the opposition in the state assembly.
The petition points out at the probability of the Governor exercising his powers to nominate an Anglo-Indian MLA to the assembly under Article 333 of the Indian Constitution. The Article 333 of the Indian Constitution empowers the Governor of the State to nominate a member of the Anglo-Indian community to represent in the Legislative Assembly of the State if in his opinion the Anglo-Indian community is not adequately represented in the assembly or needs representation in the assembly.
The petition further states the unconstitutional nature of the Governor taking such step unilaterally or on the aid and advice of the Chief Minister. The Supreme Court’s preceding observations about such a move being unconstitutional has also been sighted in the petition.