Round The
States
New Delhi, 7 July 2018
Delhi Vs Centre
BIG HURRAH FOR AAP
By Insaf
Big hurrah for Kejriwal
and team! None other than the Supreme Court has put the lid, hopefully though, on
the perennial tu-tu-mein-mein between
Aam Admi Party government and the Lt Governor over who holds the ‘real power’.
On Wednesday last, a five-judge Bench was undivided that the L-G is “bound by
the aid and advice” of the elected government and overturned the Delhi high
Court’s judgement. In simple terms it means that the real authority to take
decisions lies with Kejriwal and his Cabinet and that Governor Baijal, titular
head, has no independent authority, except in matters under Article 239 or
those outside the purview of the NCT government. Furthermore, the Bench was
firm that every ‘trivial difference of opinion” between the two cannot be
referred to the President for a decision unless it is substantive or of
national importance. The justification as stated being that ‘the Constitutional
court would be doing disservice if an elected government is reduced to a mere
form without substance.” And this was what precisely the BJP-ruled Centre
sought to do through the drama played out by the L-G, by putting a freeze on either
government decisions on appointment of bureaucrats or school teachers or
mohalla clinic staff et al. Sadly, it was throttling democracy. Fortunately,
the apex court has helped Delhi show the Centre its place. Has it learnt its
lesson, is the big question. While time will tell, it would do well do adhere to
the adage ‘once bitten twice shy’.
* * * * * *
Tripura-Mizo
Agreement
It’s a win-win
situation for both Tripura and Mizoram. The two N-E States along with the
Centre and Mizoram Bru Displaced People’s Forum signed a historic agreement on
Tuesday last. Members of Bru tribe, living as refugees in Tripura shall finally
be repatriated to their homeland, Mizoram. After burning the midnight oil for
years, 32,876 persons of 5,407 families based in 7 refugee camps will be
repatriated before September 30. The Centre will give financial aid for their
rehabilitation i.e. each family will get one time Rs 4 lakh, Rs 5,000 per month
for two years, Rs 1.5 lakh to build a house and free ration for two years.
Plus, the Centre shall ensure security, education, livelihood in consultation
with the State governments. Recall, thousands from Bru tribe, not accepted as
an indigenous group by Mizo nationalist groups, had to flee the State following
backlash from Mizos after Bru militants killed a Mizo forest guard (in 1997)
and a teenager (2009). Three months from now, predictably there will be a mix
of anxiety and joy amongst the Bru tribe: Will word be kept for their ‘ghar wapsi’?
* * * * * *
Jittery Rajasthan
Jittery
BJP in Rajasthan has gone into damage-control mode. With Assembly elections
year-end and predictions that the voter is going to show Chief Minister
Vasundhara Raje the door, the government is out to appease the disgruntled
communities—Rajputs and Gujjars, traditionally their vote bank. On Monday last,
it started with the first of its decisions. One, to withdraw 24 cases against
the Rajputs and its leaders involved in July last year’s violence in Nagaur
district following their protest against ‘police encounter’ of a Rajput leader with
a criminal antecedents. Two, it again issued orders clarifying that the five
castes, including Gujjars, are entitled to receive 21 per cent reservations
under the OBC category, along with 1 per cent quota as Most Backward Class
(MBC). This after the Gujjar community had threatened to stage protests
during Prime Minister Modi’s visit to capital Jaipur today. However, with Minister
for Social Justice and Empowerment giving clear instructions to all departments
and educational institutions to clear pending recruitments under the policy,
the community decided to withdraw its protest. All eyes would now be what Modi
offers as the next bait.
* * * * * *
SC
Warning To States
States can no longer
run with the hare and hunt with the hounds! The Supreme Court is firm about it.
On Tuesday last, it made it amply clear that all States “are under obligation
to prevent lynchings and mob violence and such incidents cannot happen by the
remotest chance”. It was hearing petitions on attacks by gau rakshaks (cow vigilantes), ‘contempt of court’ by States for
not stopping the lynchings as per its earlier directive and there has been a
spate of mob attacks in the country. CJI Mishra was clear: “Whether there is a
law or not (against lynching), nobody should be allowed to take law into their
hands,” and the States shall be held accountable. He reserved the orders—an
elaborate judgement, for another day. Apparently, since May 22 persons have
been reportedly beaten to death in different parts of the country, including
Maharashtra, Tripura and Assam. While the Court will consider whether the
Centre should frame a scheme under Article 256 to give directions to the States
to prevent/control such incidents, it would at least spell out the compensation
for victims of such crime, depending on the “injury suffered --whether it’s
simple, rigorous or death.” Be that as it may, will the fear of the Supreme
Court, if not God, make the State governments pull up their socks? Or will they
continue to make a mockery of rule of law? .
* * * * * *
Karnataka
Flux
The farmers in
Karnataka are in a conundrum. Is the Kumaraswamy government looking at their welfare
or are they being led up the garden path? In the Budget, presented on Thursday
last, the JD(S)-Congress government, has waived all defaulted crop loans of the
farmers made up to December 31 last year, in the first phase of the loan waiver
scheme. However, it is not so simple, as the Budget has imposed a number of conditions
for the waiver scheme. It says, among others that the maximum principal of
loans to be waived off is fixed at ₹2 lakh and ear marks ₹34,000 crore for the
same; families of co-operative and government officials, farmers who have paid
income tax for the past three years are ineligible etc. This adds to
uncertainty. At the same time, it has announced it will repay ₹25,000 or the
full loan amount, whichever is lower, to all farmers who have repaid the loan, so
as to encourage non-defaulting farmers and to facilitate farmers to avail new
loans, the government will issue clearance certificate by waiving off arrears
from the defaulting account. While the farmers will be busy understanding the
waiver, the Government too would need to look at the coffers of fulfilling its
promise. Who will blink first?
* * * * * *
Uttarakhand’s
‘Animal Kingdom’
If animals could make
a wish, Uttarakhand would be their destination. The hilly State’s High Court on
Wednesday declared ‘the entire animal kingdom’, including avian and aquatic
species as legal entities with ‘corresponding rights, duties and liabilities of
a living person.’ The order, in a PIL in 2014, seeking directions to restrict
movement of horse carts, between Indian and Nepal through Banbasa, Champawat
district, also spelt out dont’s: No animal, including horses, moving between the
countries should carry excess weight; there will be no use of any ‘sharp
equipment’ throughout the State “to avoid bruises, swelling, abrasions or
severe pain” to animals; no animal be used for drawing vehicles from 11am-4pm if
temperature exceeds 37 deg C (summers) and from 5 am-7am and 10pm-5am below 5
deg C (winter); No goods vehicle shall carry over six cattle and each vehicle
shall have one attendant. The dos include: animals be transported on foot only
between 12 deg C to 30 deg C; be given water every 2 hours and food every 4
hours; municipal bodies to provide shelter to horses and bullocks; every animal
transported must be healthy and have a veterinary doctor certificate. Moreover,
the citizens have a responsibility i.e. be “the human face for the welfare and
protection of animals.” How well they carry out their duties needs to be
watched. ---INFA
(Copyright, India
News & Feature Alliance)
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