The Supreme Court’s interim order that the dissident MLAs cannot be compelled to attend the Karnataka Assembly session convened for the sole purpose of floor test goes to defeat the very object of the anti-defection law. Obviously, the exemption to the rebel MLAs from participating in the session gives the Bharatiya Janata Party (BJP) an undue numerical advantage in the House. The spirit of the anti-defection law does not permeate the ruling that a party whip cannot be issued to the dissident MLAs to be present in the House and vote reposing their trust in the government. The rationale behind allowing the dissident MLAs to skip the trust vote without attracting the provisions of the anti-defection law is elusive to find out if it is convincing. By granting the dissident lawmakers the freedom to attend or not to attend the session, the apex court has fettered the Speaker.
G David Milton, Maruthancode