Bengaluru: In its historic judgement in the Karnataka MLAs disqualification case, the supreme court has stressed on the importance of ‘morality’.

 In its own words, it has said, “Constitutional morality should never be replaced by political morality, in deciding what the Constitution mandates.” 

Also Read: SC upholds disqualification, but allows contesting by-polls

The application of the term applies to all members of the political class, more so to the Speaker, who is an apolitical entity. 

Albert Smith, a political professor only seconds the Supreme Court’s observation on having morality in politics. 

He says, “We welcome the observation and judgement of the Supreme Court in the disqualification case. On no grounds can public morality be compromised with political morality.” 

The professor also feels that the top court should have given directions to the Parliament to look into the 52nd amendment to the Indian Constitution. 

He adds, “The Supreme Court should also have given directions to the lawmakers to reconsider the 52nd amendment or the anti-defection law.” 

Earlier, the top court upheld the disqualification ruling given by the then Karnataka Assembly Speaker. 

However, the top court was of the view that is ultra vires for the Speaker to define a set term and overruled his order in relation to the that part.  

The Speaker had held that the seventeen disqualified MLAs could not contest any elections till the expiry of the current term (15th Assembly expiring in 2023).

The apex court also rued the fact that the disqualified MLAs did not approach the high court in the first place and sought to knock on the doors of the Supreme Court. 

These seventeen MLAs had tendered their resignations to the then Speaker, thereby debilitating the coalition government lead by HD Kumaraswamy. 

Eventually, his government lost the trust vote 99 – 105, paving way for BS Yediyurappa to stake claim and form a BJP government.