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SC Raps Governors: TIME FOR SOUL SEARCHING, By Poonam I Kaushish, 14 November 2023 Print E-mail

Political Diary

New Delhi, 14 November 2023

SC Raps Governors

TIME FOR SOUL SEARCHING

By Poonam I Kaushish 

Whoever said different political strokes for different political folks was dead on. Specially when it comes to the high Constitutional office of Governor. Wherein handpicked chamchas do whatever their mai baaps sitting on India’s Raj gaddi want. Governance, after all is one big nautanki which has turned democracy on its head. Bend them, break them, who cares if Governor’s office is in shambles!

The latest lament was by Supreme Court Monday, which expressed acute displeasure at Governors holding back Bills in Opposition-ruled States Punjab, Tamil Nadu, Kerala and Telangana virtually forcing State Governments to approach for judicial intervention while hearing Punjab Government accusing Governor Purohit of sitting on seven key Bills including Money Bills since July. Chief Justice Chandrachud rapped, “This is a serious issue … Why should Parties be made to approach Supreme Court for Governors to act.” 

Stingingly adding, “We are a democracy in operation since birth of Constitution. These are matters to be sorted out between Governors and Chief Ministers. We will ensure Constitution is complied with. Time everybody, including Governors and Chief Ministers, did a little bit of soul-searching. Governors should not be oblivious that they are not elected by the people.” 

Chimed in Kerala, “Governor Khan held back crucial Bills, some pending for over two years… When we told him, he said ‘let us see, we will fight it out’.” Ditto Tamil Nadu which accused Governor Ravi of positioning himself as “political rival” who had caused “Constitutional deadlock” by sitting on Bills, neither assenting nor returning them for months together.

Clearly, Purohit-Mann conflict is a lesson on dangers of appointing political hatchet men to high offices that call for fairness, uprightness and adherence to Constitutional values and conventions. Worse, it underscores Centre and Governors have no intent in rectifying flaws and upholding Constitutional tenets. Specially, as it comes 6 months after Court intervened for Telangana asking Governor Soundarajan to clear Bills pending since September 2022.

Raising a moot point: Have Governors become a law unto themselves? Are Legislatures in Opposition-ruled States West Bengal, Punjab, Kerala and Tamil Nadu at their mercy? Are Governors dabbling in Vice-Chancellors appointments to State-run universities? Are they   absent from official functions  and convening of Assembly session et al? Are Parties ideologies becoming touchstones for Constitutional matters? Will this not weaken country’s federal structure?

Earlier too, Court in a Chief Minister vs Governor case said, levels of discourse should not degenerate into a “race to the bottom.” Rajasthan and West Bengal have passed laws against gubernatorial interference in education. In Rajasthan, Governor faces allegations of appointing Vice-Chancellors with RSS-BJP ideology in 7 of 8 universities, 6 of whom are from outside Rajasthan. Tamil Nadu Chief Minister Stalin asked Assembly Speaker to take on record only speech prepared by State Government and delete portions added by Governor.

Instances of Rajyapals ‘misinterpreting’ rule book, drawing his own conclusions based on delusions so that he and his benefactors at Centre could rule the roost and clashes with Chief Ministers are aplenty. In Maharashtra between erstwhile Governor Koshyari- Thackeray, West Bengal Dhankar-Mamata, Kerala Khan-Pinarayi, Telengana Soundarajan-Chandrashekar Rao, Tamil Nadu Ravi-Stalin, Delhi Sakena-Kejriwal is par on course. 

Be it Congress-BJP,UPA-NDA all are tarred by same brush whereby each Party which rules the roost at Centre has used, abused and debased this office by reducing Governors to position of Centre’s kathputli, ever-ready to destablise the State, if desired by New Delhi. Most have no qualms of conscience in rubbishing it in personal or Party interest, overlooking Constitution’s letter and spirit. 

Look at the absurdity. A Rajyapal  relinquishes office and returns to active politics, thereby turning conventions of Governor always Governor on its Constitutional head. Example: Congress’s Shinde relinquished as Maharashtra Chief Minister November 2004 and was anointed Andhra Governor same day. Two years later, he re-entered politics as Union Power Minister in Congress-led UPA I before shifting as Home Minister 2012. Ditto Mizoram BJP Governor Rajasekharan resigned 2019 to contest Lok Sabha elections from Kerala where Party wanted to make a dent.

Sadly, in a milieu of you-scratch-my-back-and-I-yours, a gubernatorial post is no longer decided on whether person is a man of stature known for his integrity and objectivity, instead it is the perfect lollypop for political castaways, parting gifts for subservient bureaucrats and convenient posts for inconvenient rivals, totaling over 60% today. His essential criteria:  whether he can be a chamcha .Consequently,  Governor has become a convenient tool of Centre in Opposition-ruled States where he runs administration by proxy. 

Besides, Governor is often used as a lever, facilitator and at worst, surrogate of Centre’s nefarious designs to install its own Government, at any cost thus bringing the post into severe disrepute. Accentuating the stress India’s federal structure is undergoing and the dangers to the country’s democratic backbone if all sides don’t take a step back and act more judiciously as none of this is conducive to healthy democracy. 

For too long, Governor’s have been perceived to be following the Centre’s writ, whichever be the Party in Centre. By playing the I-spy game --- petty politricking, gross interference, open partisanship, sending for files, summoning Ministers and bureaucrats. To hear, entice, provoke and register voices of dissent against the State Government to their political patrons in Delhi. Bluntly, make life hell for Chief Minister at every step.     

Supreme Court has held the political aaina with all its pock-marks and scars. Our netagan must desist from employing their individual meanness in the name of public good. High time Governors do the job they are appointed for, being a watch dog and acting in an impartial manner. Else they need to be dispensed with if they abdicate their Constitutional obligations and mortgage their souls to the powers-that-be. 

Undoubtedly, this rajnitik ring-a-ring-a-roses has to stop. The BJP needs to realize the sins of   predecessor Governments can neither absolve nor justify its questionable moves. We need to find a new method of appointing Governors. Consultation with State Governments might not be enough as some might be supportive of the Central Government. Instead, Rajya Sabha should screen prospective candidates who should be interrogated, investigated and judged on suitability before confirmation. 

The President too should not just act on the aid and advice of her Council of Ministers but could lay down guidelines wherein she is not misled about a person’s political affiliations and politics and only those citizens appointed who are politically neutral. 

Arguably, can India afford to allow persons holding Constitutional offices to accept political “rewards” for doing at its bidding? No. Ultimately, principles emerge from good practices not bad ones. Good principles recognise Constitutionalism and democracy. Time we restore Governor’s office to its old glory. This calls for fairness, uprightness and adherence to Constitutional values and conventions. 

Remember, power corrupts but also intoxicates and absolute power stimulates grandiose apparition of immortality. Forgetting that power is evanescent whereby wheels of fortune will turn and they may be caught beneath its inexorable roll. Our leaders need to rise above politics and appoint neutral non-political Governors not yes-men or neta-turned rajyapal-turned-neta. It is now imperative leaders and Parties who postulate the Constitution also practice what they preach! ----- INFA 

(Copyright, India News & Feature Alliance)

 

 

 

US Extends Garcia To Lanka!: INDIA BRACES OCEAN DEFENCE, By Shivaji Sarkar, 13 November 2023 Print E-mail

Economic Highlights

New Delhi, 13 November 2023

US Extends Garcia To Lanka!

INDIA BRACES OCEAN DEFENCE

By Shivaji Sarkar 

Amid global turmoil of the Ukraine and Israel wars, a new strategic front opens up in Sri Lanka with $553 million US investment at joint venture of India’s Adani group and a Sri Lanka company and a string of moves for Indian ports across the Indian Ocean region. 

The US suspects China’s involvement in the recent Hamas attack on Israel. Its geo-strategic investment in Sri Lanka is an effort to keep China off the island nation, an objective that suits India as well. The US placates India and gets foothold to keep its eyes around the Ocean, an expansion of the Diego Garcia base without a murmur. 

The US International Development Finance Corporation invests equivalent of Rs 4600 crore at the shipping container terminal in the port of Colombo known as West Container Terminal (WCT) which is being developed by a consortium of Adani Ports and SE; Sri Lankan group John Keels Holdings and the Sri Lanka Ports Authority. Adani Ports has 51 percent stake, John Keels 34 percent and Sri Lanka Ports 15 percent. Interestingly China Merchants Port Holdings also has a venture at the WCT. 

The US DFC says that it would transform Colombo into a “world class logistics hub” as its high priority in the Indo-Pacific region. The DFC was set up five years ago in response to Beijing’s massive Belt and Road Initiative (BRI).Sri Lanka is stated to have gone into multi-billion-dollar debts to BRI for the Hambantota port, which was leased out to China in 2017. Sri Lanka is yet to come out of the debt trap. 

The Indo-US move opens up a strategic relationship. India is jostling for influence in the island nation as it is concerned of increasing Chinese presence at one of the key shipping routes at its backyard for over a decade. How the new venture could stem that is situated next to a Chinese terminal would be interesting to watch. For the past two decades, China has dominated global infrastructure finance with faster and bigger projects. 

India has taken up a larger plan to counter China in the Ocean. The Sagarmala project aims at going beyond its shores to secure Indian maritime and security interests. It has strengthened its facilities at the Andaman Islands and neighbouring countries. The UK transferred Diego Garcia illegally to the US ceding it from Mauritius in 1965 causing quite a consternation for India during the last many decades. Despite India signing Logistics Exchange Memorandum of Agreement (LEMOA) the US in 2016, its Indian military use remains on paper, says analyst Abhijit Singh, heading maritime initiative at the New Delhi-based Observer Research Foundation.The Garcia base is an anchor of US predominance in the Indian Ocean and its littoral states in Africa, West Asia and around the Indian subcontinent extending up to Pacific. 

The Sri Lanka terminal is another move to keep the US engaged but India’s concern extends far beyond. About a quarter of India’s trade is handled through ports in other countries. Major part of trans-shipment is done through ports in Singapore, Colombo and Klang in Malaysia, Sittwe in Myanmar, Chattogram and Mongla in Bangladesh. Along with this various land routes are being opened through Bangladesh like the recent Akhoura-Agartala train route, and extending it to Kolkata for a trans-subcontinental transportation mode. It reduces distances by about 1200 km.The Sittwe port links India’s northeast, as an alternate route to the Siliguri corridor and decreases transportation cost to many areas, including landlocked Mizoram.


India is building a deep-sea port at Sabang in Indonesia. It lies close to Andaman and Nicobar Islands. In 2002, Indian Navy and Indonesian Navy signed an “India-Indonesia Coordinated Patrol” agreement. Sabang is strategically important due to its access to crucial maritime trade route, Malacca Straits though which 40m percent of world trade is carried out. It also improves ties with ASEAN countries. The Sabang is estimated to have initial cost of $1 billion and is being built by Adani Ports (APSEZ).
 

A few months back in May 2023, India and Indonesia conducted bilateral naval exercise called Samudra Shakti-23 in the South China Sea. It included anti-submarine warfare with INS Kavaratti, Chetak helicopters and Dornier maritime patrol aircraft. Another trilateral maritime partnership took place with India, Indonesia and Australia in September. So far 37 such exercises have been held with Indonesia.The land routes to Thailand are being worked out through Myanmar by National Highway Authority of India.  

The Chabahar port in Iran has been developed for a new land-sea route to Central Asia bypassing Pakistan. Despite some thaw, Chabahar is one of the few regions in Iran that is not subject to American sanctions. It streamlines trade processes with other countries. 

The latest G-20 move for India-Middle East-Europe multi-modal trade corridor through Haifa port in Israel is another major move. Though it may have gone into some trouble owing to the Israel-Gaza war despite support by Saudi Arabia and UAE. This is also counter to China’s BRI. The US supports it. 

The Haifa port is also now under the Adani Ports and is aimed at being developed as a major port as gateway to Europe, Turkey and Russia. If the Middle East-Europe corridor comes up, it might become one of the thriving routes and a strategic alliance. The regional conflicts in West Asia and Ukraine-Russia could pose problems, however.India has worked out alternate routes in the region. It has strong relationship with Oman and gives India access to Duqm port on the Arabian Sea. 

India has plans for having similar arrangements for ports in Africa as well. The move to create alliance with Indian Ocean littoral states was conceived in 1974. It is evolving and India is developing relationships with many African countries. China, however, is more active. 

India is actively making efforts for having strategic advantages in the Indian Ocean – Pacific region. The Colombo port move is significant for its counter-Chinese BRI move, close ties with the US as also as a process of moving out from any super power shadow by aligning with a number of countries around the Ocean.---INFA 

(Copyright, India News & Feature Alliance)

 

 

 

TMC MP Moitra’s Expulsion: ‘FIXED MATCH’, ‘KANGROO COURT’?, By Insaf, 11 November 2023 Print E-mail

Round The States

New Delhi, 11 November 2023  

TMC MP Moitra’s Expulsion

‘FIXED MATCH’, ‘KANGROO COURT’?

By Insaf 

Will the West Bengal TMC MP Mahua Moitra’s “cash-for-query”case go down in parliamentary history, as claimed by her, is a big question. On Thursday last, the Lok Sabha Ethics Committee adopted its 479-page report and recommended her expulsion on grounds of ‘unethical conduct’for accepting gifts and sharing her Lok Sabha login credentials with an unauthorised person, having an impact on ‘national security’. Six members supported the adoption of the report and four have opposed it.The Opposition members have put in dissent notes and alleged the inquiry process as a “farce” and a “proverbial kangaroo court!” They insist the complaint against Moitra has ‘no merit, is unfounded and without a shred of evidence, and is being used to malign and defame a Lady Member of the Lok Sabha… the recommendation is ‘erroneous’ and has been framed ‘purely for political reasons.’A ‘fixed match’ from day one, is what Moitra herself says. Her X post reads: “first expel & then ask govt to ask CBI to find evidence. Kangaroo court, monkey business from start to finish”. “Never Waste a Good Crisis they say... this just helped me double my 2024 winning margin.” 

So be it, but there are critical issues raised, such as there’s no evidence (of cash and gifts) being given or taken which was made against her; the complaint is ‘pure animosity’ by BJP MPNishikant Dubey; the first rule of an ethics complaint is it can’t be “false, frivolous, vexatious” and must be made in good faith; Worse, it will set a dangerous precedent and open up MPs to all sorts of harassment by interested parties in future. Besides, the Ethics Committee says Moitra can’t expel, and it’s a matter for the Privileges Committee. A lot depends on how Speaker Om Birla proceeds with the report submitted. The recommendation is to be taken up during the winter session of Parliament, due to meet on December 4. Once the report is tabled in Lok Sabha, which will then vote on a motion to put the recommendation into action.Will Moitra be an MP only for a month from now? It won’t be just ‘que sera sera’.*                                                           *                                               *                                   *

Bihar Quota Gamble

Bihar Chief Minister Nitish Kumar realises value of time being of the essence. With an eye on election 2024, the Assembly on Thursday last unanimously approved the Bihar Reservation Amendment Bill, which increases quotas for SCs (16% to 20%), STs (1% to 2%), EBCs (18% to 25%) and OBCs (12% to 15%), -- all from existing 50% to 65%. Importantly, bills providing for the same in educational institutions and government jobs were passed unanimously. This just within a month of the caste survey released, which reveals over one third of families live around Rs 200 a day; among SCs the number stands at 43.93%; only 7% of population are graduates; and 96% have no vehicles! Nitish assured the House his government will implement raise in quota ASAP, adding ‘if Centre gives Bihar special status, the State will excel even further.’ The big question is will it pass legal test as the bill together with 10% EWS quota, pushes reservation to 75%, well past Supreme Court’s 50% ceiling! While time will tell, Nitish managed to show flaws within the BJP. While the party’s MLAs lent support, the BJP at Centre is hedging on a national caste census. Well, in present political scenario, no party can afford to oppose quota raise for the backward and oppressed-- a major vote bank. Indeed, Bihar has got ‘Mandal politics’ returning. Not only will it have an impact on Bihar’s polity, economy and society, but the entire nation. BJP’s ‘inclusive growth’ needs to get realistic?  

*                                                           *                                               *                                   *

Polluted Delhi

Delhi’s AAP government must be thanking the rain god. Thursday’s overnight rain in the capital provided much improvement in the air quality and cleared the smog hovering for over 10 days. Delhi-NCR’s air quality had declined these past 2 weeks due to a gradual drop in temperatures, calm winds that trap pollution and a surge in paddy straw burning, forcing the government to prepone December school winter break to November 9-18, banning all construction work, and entry of polluting trucks; contemplating odd-even car-rationing scheme. Doctors have said breathing in the polluted air is equivalent to smoking approximately 10 cigarettes a day and a report by Energy Policy Institute, University of Chicago said air pollution is shortening lives in Delhi by almost 12 years! The Supreme Court too is exasperated observing ‘there were several reports and committees on the pollution issue, but nothing was happening at the ground level’. Kejriwal government for one, can no longer pass on the buck of bad air to Punjab, as it’s in power there. But it continues to accuse the Centre of not lending a helping hand. It’s now planning inducing artificial rain through cloud seeding to curb pollution, but this requires obtaining basic clearances and permissions for using the technology from both central and the state governments in ‘a time-sensitive matter’. Will the BJP oblige?

*                                                           *                                               *                                   *

Naga Women Voice

Winds of change are indeed blowing in Nagaland. On Thursday last, at a special session, the Assembly unanimously passed Nagaland Municipal Bill 2023, which retains 33% reservation for women in urban local bodies (ULB), paving the way for civic polls stalled for two-odd decades. However, women’s reservation for chairperson post in municipal bodies has been denied. Recall in March, the State Election Commission had notified ULB polls on basis of an earlier Act, which was vehemently opposed by apex tribal bodies and civil society organisations, forcing the Assembly to repeal the Nagaland Municipal Act 2001 altogether. With consultations leading to change in mind, the SEC will soon announce the dates of elections, last held in 2004. The Bill has also done away with provisions for taxes on immovable property, however other revenues such as fees, service charges, maintenance charges will need to be paid by the public. A give and take alright. Chief Minister Rio would be keeping his fingers crossed women come on board and ‘not let issue of reservation for chairperson post be a bottleneck in successful conduct of ULB election.’ The time for Naga women has arrived and all eyes will be on them to make their mark. 

*                                                           *                                               *                                   *

Gaming Lesson for TN

The DMK government in Tamil Nadu needs to play its cards well, literally. On Thursday last,Madras High Court dealt a hand wherein it declined to include rummy and poker in the list of banned games in the Tamil Nadu Prohibition of Online Gambling and Regulation of Online Games Act, 2022, saying these were ‘games of skill’ and not ‘games of chance’ The impugned Act, in its entirety, the court said ‘needn’t be held to be ultra vires…the state is competent to legislate to the extent of prohibiting online gambling, i.e., games of chance, at the same time, it has got the authority to regulate online games of skill. The definition of “online gambling” under Section 2(i) of the Act shall be read as restricted to “games of chance” and not games involving skill.” The Act was introduced following number of suicides over alleged monetary loss in online gambling, which was challenged by the All-India Gaming Federation and other online gaming companies. The court noted: the state ‘miserably failed’ to demonstrate online games of rummy and poker were different and distinct from offline games of rummy and poker; the State can make rulesviz time limit, monetary limit, age restriction or such other restrictions about playing of online games; that in the present case there was no evidence that public order was disturbed! Go in with good cards, is a lesson Stalin government should learn.----INFA

(Copyright, India News & Feature Alliance)

 

 

 

Changing International Relations: THE INDIAN IMPERATIVES, By Dr DK Giri, 10 November 2023 Print E-mail

Round The World

New Delhi, 10 November 2023

Changing International Relations

THE INDIAN IMPERATIVES

By Dr DK Giri

(Secretary General, Assn for Democratic Socialism)  

What kind of world are we living today in? When we look around, we find the humanity caught in a race for dominance, territorial aggrandisement, debt trap, wars and the consequent changing security environment. In particular, three wars have disrupted the international political system, to be precise equations and crippled the economies. I am referring to the on-going wars in Ukraine, Gaza, and Covid 19. The last one immobilised the whole world without a bullet fired. Where does India position herself in this turbulent world? 

The struggle for dominance by a few countries over the others has been witnessed over the last 350years. The few countries, call them big actors orhegemons,walled themselves collectively against the rest of the world at the macro-level on the one hand.And on the other, at the micro level, they pitched themselvesagainst eachother to advance their national ambitions, and to establish their own hegemonyamong the hegemons. 

For three centuries, Europe was the home of such hegemons. While each of them was constantly trying to establish its dominance over others in Europe through wars and conquests, together, they tried to spread their tentacles across the world for dominance, by building separate imperial structures under them. Through the process of colonialism, they had set up an exploitative world structure, whereby the resources from other parts of the world flowed into the European metropolises. After the second world war, the hegemonic influence shifted out of Europe to the United States, and the Soviet Union which became two super powers. 

Following the second world war, the cold war exhausted the Soviet Union, and eventually, the Soviet empire collapsed causing its components to break free. The fall was driven by two main reasons – the SovietUnion had siphoned offmuch of its resources for military purposes in the arms race against the United States. Second, the communist dictatorship had suffocated its citizens and hollowed out of its resources on military misadventures, taking the country to a point of logjam. That condition called for introduction of glasnost and perestroika. The rest is history. 

At the same time, during the cold war, the west–the United States and Europe propped up China as a counterweight to the Soviet Union. Now China is flexing its muscles to replace Rusia as the second supreme power, or further, Beijing seeks to be the numero uno power in the world by reclaiming its old empire. It is a question of time,however, the Chinese autocratic state or its imperial ambitions would meet the same fate of as that of Soviet Union. In the age of constant pursuit of individual and national freedom, and the right to self-determination, dictatorship and imperialism will not survive the popular resistance. 

On territorial expansionism, a few countries suffer from an unsatiated appetite, and others are unable to settle their disputes or reconcile the legitimate claims of others. China leads the pack on grabbing others’ territories. Russia is trying perhaps to reconstitute the Soviet Union by annexing other countries’ territories. The wars it has been engaging in including the on-going Ukrainian war is the evidence of such desire. Even the war in Gaza, and tensions elsewhere are the stories of territorial disputes. 

A sinister strategy was being quietly followed to coerce many countries to embrace globalisation, that was in a way, meant to slide them into a debt trip. The lending institutions like the IMF and the World Bank, at the behest of hegemons, attached many loaded stipulations like export orientation, import liberalisation, privatisation and so on. Experiences showed that countries which have undiscerningly followed IMF-World Bank prescription, have come to grief, as the economies of Latin America and South East Asia. Now China is deviously deploying the debt-trap through BRI and depleting the economics of receiving counties. The economic conditions of Nepal, Sri Lanka and Pakistan in our neighbourhood testify to the vicious Chinese scheme. 

For four-and-a-half decades, after the second world war, the global security environment was marked by the cold war and blockpolitics. A deterrent strategy, bipolarity and the arms race were its main features.Both the super powers avoided a direct military confrontation although they engaged in many proxy wars across the globe. With the collapse of one super power, the United States assumed the role of the policeman and launched several assaults across the world. Even Russia, under Putin’s dictatorship and design mentioned above, engaged in conflicts with its neighbours including unleashing a full-scale war against Ukraine. The war in Gaza has its own special history. Moreover, the Chinese imperial ambitionsmake the security scenario precarious. 

In view of these changing international relations what could be the Indian imperatives? India, under the first Prime Minister Jawaharlal Nehru had its “tryst with destiny” in 1947with a certain vision. But that vision was soon derailed by some ill-conceived and naïve decisions taken by Nehru himself. The manner in which he handled the Kashmir issue in 1948, the Chinese annexation of Tibet in 1958, the war with China in 1962, the utopian concept of non-alignment, UNSC membership, and nuclearissue. The consequences of such decisions have been detrimental to our economic conditions and security situation. 

India needs to build a strong economy marked by self-reliance, full employment, a welfare state system, strategic alliances and so on. In particular, in foreign policy, New Delhi needs to have robust strategies to contain China and thwart Pakistan. New Delhi needs to pool the destiny inSouth Asia with smarter neighbourhood policy. An essential pre-condition for any country to sustain peace, progress and stability is to preserve a peaceful environment in and around it. That is a fundamental existential reality.---INFA 

(Copyright, India News & Feature Alliance)

 

RIGHT MEN IN RIGHT PLACES, By Inder Jit, 9 November 2023 Print E-mail

REWIND

New Delhi, 9 November 2023

RIGHT MEN IN RIGHT PLACES

By Inder Jit

(Released on 20 April 1982) 

Lusty cheers greeted the Supreme Court’s recent decision on the controversial West Bengal poll. This is as it should have been. The Supreme Court’s verdict is of fundamental importance to the future of India’s democracy. It is also in accordance with the wise decision taken by Nehru and the founding fathers of the Constitution to keep the electoral process out of the jurisdiction of the courts. Nehru was clear and said in so many words: “We have thousands of courts all over the country. If they are allowed to intervene there will be no end to writs. We will then have to say good-bye elections.” But in all this recent excitement the Election Commission, which deserves even louder applause, has largely been forgotten. The BJP alone has offered kudos to the Commission for its “correct stand.” As one who has followed political developments in New Delhi over the past three decades, I have not the slightest doubt that there would be no mini-general election today if the Chief Election Commissioner, Mr S.L. Shakdher, had not upheld the Commission’s independence and taken effective steps to assert it. 

Congress (I) men today accuse the Election Commission of partisanship. The Commission they feel, has favoured the Left Front Government, headed by Mr Jyoti Basu. But they forget two things. First, Mr Jyoti Basu himself denounced the Commission last year as a “stooge” and an “agent” of the Congress (I). This happened when the Commission postponed some by-elections in West Bengal last year by a month following complaints about defective rolls and decided to hold the poll according to a common programme with other states in June. The Congress (I) then complimented the Commission. Second, Mrs Gandhi acknowledged the Election Commission’s independence in the Lok Sabha on March 1. The Opposition, she said, had hailed the Commission’s decision last June to countermand the Garhwal by-election to the Lok Sabha as “truly democratic.” Yet the same Opposition had shouted hoarse about the “danger to democracy” when the Commission postponed the repoll in November last. “Does this mean,” she asked, “that democracy is only when the Commission’s decisions go in favour of the Opposition parties.” 

The West Bengal affair reflects a trend against which I wrote as follows in my Republic Day piece: “The very basis of democracy is being increasingly undermined. Democracy means rule of the people, by the people and for the people. This is made possible through time-bound elections which are free, fair and without fear. Yet there is an increasing tendency today in the ruling party to avoid inconvenient elections... Garhwal stands out as a bad example...” No stone was left unturned by the Congress (I) to somehow postpone the elections to the West Bengal Assembly beyond June 24 when its five-year term is due to end, and bring the State under President’s rule. To begin with, the bogey of bogus rolls was sought to be raised. Mrs Gandhi herself went to the extent of stating at a public meeting in West Bengal that 30 per cent of the electoral rolls were fudged. Subsequently, as we are all aware, the Congress (I) sought to block the poll on the plea of eight lakh complaints first through the Election Commission and then the Calcutta High Court. 

Yet in all this exercise the Congress (I) conveniently slurred over three basic facts. First, the Commission sought to be indicted in the High Court had got the State’s electoral rolls revised in 1979 after a gap of 15 years! (MrShakdher took over as Chief Election Commissioner in June 18, 1977.) Second, the rolls were revised again summarily in 1980 and intensively by December 31, 1981. Third, these were summarily revised afresh early this year. Not only that. The eight-lakh complaints were submitted by the Congress (I) as mere lists, many not even signed. None of the petitioners before the Calcutta High Court complained that his name was not on the rolls. Worse. Not one affidavit was filed on behalf of eight lakh complainants before the court --- the unrivalled record. Further, the complaint filed by Mr Ajit Panja, a lawyer and former Congress (I) chief in West Bengal, was also unsigned. Interestingly, Mr Panja loudly protested that 30,000 names had been wrongly deleted from the rolls of his Assembly constituency of Bartola. However, he came forward with an amending list of only 3,000 names! 

An equally interesting story hangs by the manner in which the lists of eight-lakh complainants are said to have been drawn up. Some smart Alecs of the Congress (I) appear to have decided to draw up the lists on the basis of a broad blind-shooting formula designed to produce a large list of complainants without much effort. Under the formula, the names of three categories of persons were mainly included in the list. First, all those shown on the rolls to be 70 years of age and more. This was done on the plea that they were now dead and gone. Second, all those who were 21 years old on the ground that they could be presumed to be still minor. Third, all unmarried women in the age-group of 21 and 25. This, it was argued, could be done on the ground that they were now married and no longer in their place of original residence. The Commission’s Secretary, Mr Ganesan, and his team discovered this during spot checking in five districts. At one house, Mr Ganesan asked: “Is this lady dead?” The lady smiled and said: “I am very much alive.” Then she added after a pause: “Can I offer you tea --- provided you are willing to take it from a ghost!” 

Clearly, the Congress (I) was hell-bent on getting the West Bengal poll postponed and President’s rule imposed. The eight-lakh complaints were part of the overall strategy of creating basic doubts about the rolls. Mrs Gandhi’s statement that 30 per cent of the rolls were bogus was not based on any solid information. Asked by newsmen later as to the basis for her allegation, Mrs Gandhi replied: “I was told so.” True Mrs Gandhi did declare publicly that she would not topple the Jyoti Basu Government and impose President’s rule. But then she was aware of two things. First, any toppling of the Jyoti Basu Government would have been counter-productive. Second, leading Congress (I) men in the State, including Mr A.K. Sen, were confident of achieving the same end by somehow getting the poll postponed beyond June 1982. Consequently, in the overall stratagem facts became less important than fiction. But in the exercise, the Congress (I) reckoned without the Supreme Court and the statutory authority vested in the Election Commission to function independently. 

In fact, veteran parliamentarians have complimented the Commission for not only asserting its independence but energetically backing this up with meaningful action. The Commission was, for instance, not required to go to the Supreme Court. It could easily have left it to the Congress (I) and the Marxists in West Bengal to fight it out. Instead, it realised its own responsibility in ensuring a free and fair poll and not allowing any party or authority, howsoever powerful, to undermine the basic scheme of things under the Constitution. Its 35-page affidavit before the Supreme Court made matters crystal clear. Even as the Supreme Court was busy hearing the case it went ahead with poll preparations and, to the surprise of expert published the final rolls just a day after the Court’s verdict. It could have easily taken two weeks or more for the purpose. But Commission was anxious to have the election at the earliest and proposed May 9 for the poll. However, this was changed to May 19 when Calcutta asked for a little more time. 

Happily, the Election Commission has been exercising its authority under the Constitution to superintend, direct and control the conduct of elections. It gave the U.P. Government ample opportunity to propose fresh dates for the repoll in Garhwal. When Lucknow failed to “play ball”, to quote one authority, the Commission was left with no choice but to virtually direct that the poll be held on May 19 together with the elections elsewhere. Unknown to most people, the West Bengal Government found itself ticked off by the Commission on several occasions when it did not have or tried to treat the Chief Electoral Officer as its own subordinate. (The Chief Electoral Officers are expected to be responsible only to the Commission. But this does not happen in practice leading to another issue and several suggestions. The Commission would be happy to have a CEO cadre of its own.) The present Commission, it may be recalled, was the first to order intensive revision of the rolls in Assam in May-June 1979 for the Lok Sabha by-election from Mangaldoi following complaints. Significantly, over 45,000 foreigners were detected on the rolls in one parliamentary constituency alone! 

The Commission has asserted its sturdy independence in several other cases too. Of interest is the recent re-election to the Rajya Sabha of the BJP leader, Mr L.K. Advani, last month. Not many know that he almost missed the boat because of a manoeuvre by some Congress (I) supporters but for a timely eleventh-hour decision by the Election Commission. In August last, Mr Advani changed his residence from Gujarat to Gwalior in Madhya Pradesh, manifestly to ensure his re-election. He was registered as a voter in September by the present Electoral Registration Officer. The name was also incorporated in the rolls early this year following summary revision. But on March 9 ten days before the filing of nominations on March 19 --- two persons challenged his registration. The Registration Officer thereupon pasted a notice at the house of Mr Advani’s sister on the evening of March 12 asking him to show cause by March 16 why his name should not be struck off. March 13 and 14 were closed days. Advani, then busy with Parliament in Delhi, soon rushed to Gwalior and on March 15 filed a writ before the Gwalior bench of the Madhya Pradesh High Court on the plea of mala fide intention. He also moved the Election Commission simultaneously. The High Court and the Commission gave him stay the same day. On March 18, the Chief Election Commissioner heard the case and directed the Registration Officer “not to proceed in the matter.” 

What does all this add up to? The Election Commission and, more specifically, the Chief Election Commissioner, MrShakdher, has acted over the years in accordance with the letter and spirit of the Constitution. The Commission’s independence is vital for the health of our democracy --- a factor emphasised in recent years by Jaya Prakash Narayan. In fact, JP feared that a one-man Commission was liable to be pressurised easily and he, therefore, expressed himself in favour of a three-man Commission. Theoretically, a three-man Commission does appear to be a better proposition. But some experts doubt if such a Commission could have acted as decisively and promptly as done by the present Commission in the West Bengal and other cases. The question deserves the nation’s attention especially as this high office will fall vacant on June 18 when MrShakdher, 63, is due to retire. The rules framed by the Government provide for a Chief Election Commissioner to retire at the age of 65 or at the end of a 5-year tenure, whichever is earlier. In the final analysis, one thing alone is clear, India’s Constitution is basically sound. What we need is right men in right places. --- INFA

(Copyright, India News and Feature Alliance)

 

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