The sorry spectacle in Maha tarnishes India

In light of the fact that Maharashtra governor B.S. Koshyari on Saturday swore in the BJP’s Devendra Fadnavis as chief minister and NCP’s Ajit Pawar as deputy CM in circumstances that suggest a new low has been hit in Raj Bhavan’s conduct, it was expected the Supreme Court would direct that this absurd government prove its majority on the floor of the House without any further delay.

Regrettably, the court did not do so when the Shiv Sena, NCP and the Congress approached it Saturday night for an urgent hearing. It agreed to hear the matter on Sunday, but ended the day in about an hour without passing a final order.

Instead, it asked for the submission of two documents: Mr Fadnavis’ letter to the governor claiming majority support, and the governor’s letter agreeing to swear in the CM and his deputy (at 8 am Saturday in a hush-hush manner after the Centre revoked President’s Rule at 5.47 am, which suggests duplicity).

Knowing these details is important in constructing the scene of the crime, as it were, and in gaining a full political understanding of the murky story. However, what is indubitable is that a floor test must be held since, at the level of technicality, a government has already been sworn in.

If a floor test is inescapable, then it follows it must be done without allowing time for the purchase of MLAs and the breaking of parties, a practice for which the BJP’s top leadership has gained unprecedented notoriety since 2014. In not ordering a floor test right away, the Supreme Court appears to have given in to the pleadings of the solicitor-general and the BJP’s counsel. Both appeared to be pressing for more time through their arguments.

On Monday morning the Supreme Court will continue the hearing. Pleadings may ensue on the documents sought by the court. Based on these it is possible the court may cast doubts on the governor’s action. While that may be no bad thing, that is not the plea of the parties that sought the urgent hearing. The hearing was sought for a floor test post-haste. The Supreme Court has failed to oblige.

This raises questions as it gives the experts at inducing defections more time to ply their trade.

The events between Friday night and the moments at dawn on Saturday do not place President Ram Nath Kovind in a positive light either. He succumbed to the Centre’s pressure to sign on the dotted line to end Central rule in Maharashtra — practically in his sleep. Prime Minister Narendra Modi used his emergency powers to recommend ending Central rule under Article 356 of the Constitution without taking the matter to the Cabinet, but where was the emergency?

Alas, the way the story has unfolded, key national institutions have been placed under the scanner while the Maharashtra Assembly has not been constituted yet, although the results came out on October 24. Such an unconscionable delay in MLAs taking the oath lessens our democracy.