New Delhi, Jul 17 : Criticising the Supreme Court decision that allowed Karnataka rebel MLAs to decide whether to attend the crucial Assembly proceedings or not, Congress on Wednesday said that "sets a terrible judicial precedent".
"Supreme Court's order nullifying the whip and by extension, operation of Constitution’s Xth Schedule to punish MLA’s betraying the public mandate, sets a terrible judicial precedent", tweeted AICC communication in-charge Randeep Singh Surjewala.
He also said the blanket protection to MLA’s by the apex court, "who are driven not by ideology but by far baser concerns, is unheard-of." Earlier in the day, the Supreme Court ruled that the Speaker of the Karnataka Assembly is free to decide on the resignation of the Congress-JD(S) rebel MLAs.
"We also take the view that in the present case the discretion of the Speaker while deciding the above issue (resignation of rebel MLAs) should not be fettered by any direction or observation of this Court and the Speaker should be left free to decide the issue,'' the court had said.
The apex court also said that rebel MLAs cannot be compelled to participate in the Assembly proceedings and left the decision with them. The Supreme Court's order came at a time when HD Kumaraswamy government is seeking trust vote on Thursday.
It is significant that the court order allowed rebel MLAs to keep away from the trust vote proceedings, as the ruling party cannot issue whip to them.
Mr Surjewala asked whether the court can interfere with the workings of the State Legislature by deciding when a whip will be enforced?" and added that "abandonment of the ‘basic structure’ doctrine of separation of powers?"
"Tragic that the Supreme Court didn’t appreciate the context and designed history of defections to subvert democratic mandates by Modi government over the last 5 years", he added.
The Congress spokesperson also said that the Supreme Court should recall own judgement of May 2016 striking down the illegal attempt of BJP in Uttarakhand to form government. (UNI)