While some dubbed it as "unfortunate" and accused the governor of acting in a "partisan" manner, others were of the view that "wrong" decision by the speaker KG Bopaiah created a situation for Bhardwaj to act in such a way.
The unfolding of political events in Karnataka which led Governor HR Bhardwaj advocating to the Centre to impose president's rule in the state has evoked mixed reactions from experts.
While some dubbed it as "unfortunate" and accused the governor of acting in a "partisan" manner, others were of the view that "wrong" decision by the speaker KG Bopaiah created a situation for Bhardwaj to act in such a way.
Constitutional experts like Subhash Kashyap and Rajeev Dhavan were of the opinion that the Governor has no business to interfere in the functioning of the state legislature and he was "wrong" in advising the Speaker to maintain the configuration of the House.
Differing with them was former additional solicitor general CS Vaidyanathan, who said the Governor's action in recommending president's rule was "justified" against the backdrop of the unfolding of last few days' events that culminated in a "wrong decision" by the speaker disqualifying 16 MLAs, in effect barring them from participating in the confidence motion moved by chief minister BS Yeddyurappa.
However, former Lok Sabha speaker Somnath Chatterjee, who preferred not to comment on recommendation of president's rule, was critical of both the Governor and the Speaker over their handling of the political situation in Karnataka.
He said neither the governor should have advised the speaker nor the latter should have disqualified the MLAs without following the proper procedure.
"I am surprised at both the events," he said.
"I do not think that the governor of a state has power or authority to give direction to the speaker of the Assembly in discharge of his (Speaker) duties," he said.
He was also critical of Bopaiah's role as Speaker for disqualifying 16 members from the House which he said was against the principle of natural justice. "I cannot find any authority which will enable Speaker of any Legislative Assembly or House of People to disqualify members merely on application," he said.
Kashyap and Dhavan were unanimous in holding that the governor exceeded his jurisdiction.
"The whole thing (Governor recommending President's Rule) is the most unfortunate and unseemly and also he has no business to give direction to the Speaker. The Governor is not right in recommending the President's Rule," Kashyap said.
He, however, refused to comment on whether Speaker was right in disqualifying 16 legislators -- 11 from BJP and five independent, saying that the matter is sub-judice.
"The speaker (action) is subject to judicial review," he said adding, "The party legislators are amenable to disqualification if it can be inferred from their conduct that they are involved in anti-party activities."
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