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Vote of confidence motions — whether in State assemblies or Parliament — have often been occasions of drama and intrigue. It was no different this Wednesday when the BJP ‘won’ the confidence motion based on a voice vote in the Maharashtra Assembly. The opposition parties have cried foul, which may seem like a typical reaction of bad losers.
When the electoral mandate is split between various parties, there is scope for every kind of machination — including the use of the august office of governors. It was to avoid the unseemly spectacle of a parade of legislators at the Raj Bhavan (and in many cases the Rashtrapati Bhavan), that the Supreme Court (in SR Bommai Vs Union of India in 1994) made a floor test in the Assembly mandatory. It noted that the proper forum for a test of the strength of the government was the floor of the house. But what neither the Constitution nor courts prescribed was how the floor test had to be conducted. Both methods (polling as well as voice vote) have been widely used before. In that sense, the motion passed by voice vote earlier this week may well be legal and valid. But were the ends of natural justice and fair play served?
Clearly, the spirit behind the requirement of a floor test was not met by going for a voice vote. Where the majority is in doubt or fragile as in the current case, fairness demanded a clear division and proper counting of votes cast for and against.
That was in short supply. Using a voice vote and rushing it through before most of the assembly knew what was happening might seem like a very clever piece of floor management. Unfortunately, it will smear the party and the government with a taint of illegitimacy. And also weaken the goodwill enjoyed by the chief minister who has hitherto had a reputation for clean politics. The government has not covered itself with glory by adopting these negative tactics.
At best, it may have won a reprieve — may be 6 months. Ironically, this may well keep all parties happy — to give themselves time to decide the future course of action even as they keep their political posturing intact. But, after six months, it seems Maharashtra may have to get ready for another round of polls.
Associate Editor
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