Experts differ on Karnataka Governor’s missive to Speaker KR Ramesh Kumar

In that case, under Article 175(2) of Constitution, Governor Dr K K Paul had forwarded a letter from 26 BJP MLAs where they questioned the status of the Appropriation Bill and requested for a voting by division. The Governor had then asked the Speaker to conduct the vote of confidence on March 28, 2016 and that “results of voting by division shall be declared soon thereafter”.

Karnataka Chief Minister H D Kumaraswamy during the assembly session at Vidhana Soudha in Bengaluru (PTI)

In a strong observation, Justice Joseph had said, “The Governor was approached by 26 BJP MLAs. The Governor forwarded their representation through his OSD. It is ripe now for us to point out that, when the Governor was approached in this matter, in our humble view, it did not lay within the four walls of the Governor’s authority to direct the Speaker, who is himself a high constitutional authority, to act in a particular manner…”

Former Lok Sabha secretary-general Subhash Kashyap said, “The governor is within his powers to send a message to the assembly. The same has to be considered by the House.”

The Governor draws his powers on this count from Article 175 of the Constitution.

BJP delegation met Governor Vajubhai Vala today over delay in holding Karnataka floor test

According to Article 175(1): “The Governor may address the Legislative Assembly or, in the case of a State having a Legislative Council, either House of the Legislature of the State, or both Houses assembled together, and may for that purpose require the attendance of members. The next sub-rule, 175(2) says: “The Governor may send messages to the House or Houses of the Legislature of the State, whether with respect to a Bill then pending in the Legislature or otherwise, and a House to which any message is so sent shall with all convenient dispatch consider any matter required by the message to be taken into consideration.”

Former Lok Sabha secretary-general P D T Achary said, “The governor cannot interfere in the confidence motion process at this stage. He cannot direct the Speaker on how much time he should take to wind up the proceedings. The Speaker alone has the authority to take a call on the duration of a debate.”