Events & Issues

New Delhi, 15 February 2019

Bengal Chapter

IMPACT ON ALLIANCE THAN CBI

By Dr.S.Saraswathi

(Former Director, ICSSR, New Delhi)

The conflict over the presence and investigation of the CBI in West Bengal, the controversy that suddenly assumed enormous importance in Union-State relationship, has not subsided. On the contrary, it has turned into a hot electoral issue to be used to isolate the party in power at the Centre. Unlike political-economic issues like inadequate funds or promulgation of President’s rule in a State, the question revolves around the role of certain Constitutional authorities.

The dharna for nearly 48-hours led by Bengal Chief Minister and TMC President, Mamata Banerjee in Kolkata, against CBI investigations in Sardha Chit Fund case ended with the Supreme Court order that has upheld the right of the CBI to interrogate and investigate the matter, but barred the arrest of the Commissioner of Police. The apex court has temporarily defused the situation by ordering the Bengal Police Commissioner to make himself “available” to the CBI for questioning in the Sardha Chit Fund case. The venue of questioning the COP was also shifted from Kolkata to a neutral place, Shillong in Meghalaya.

Trouble started when the CBI officials intensified their investigation of the chit fund case going on for several months alleging that the COP was delaying and diluting the investigations. A team of eight CBI officials had gone to the official residence of the Police Commissioner on a Sunday evening to question him. It provoked a direct clash between Central and State authorities. Hundreds of Kolkata city police personnel surrounded CBI offices and took the officials to nearby police station forcing them to approach the Bengal Governor in the matter.  The CM sat in dharna along with several colleagues as a protest against CBI action.

The dharna, closely following the grand display of “Kolkata Gathbandhan” a few days ago, provided an occasion to prospective coalition partners to reaffirm their solidarity against Prime Minister at Modi. Messages of support and personal visit of many “opposition leaders” to the dharna venue helped to convert a police investigation into a question of Union-State jurisdiction. The TDP, JD(S), SP, BSP, AAP, NCP, DMK, NC, RJD, etc., none of them in a position to successfully halt the BJP at the national level expressed support to Bengal CM. All of them have also an interest in clipping the wings of the CBI which is an agency controlled by the Central government.

Both sides, meaning the Union Government and the State Government, have reason to claim victory in the order of the Supreme Court - the former for the court order requiring the Police Commissioner to submit to CBI investigation, and the latter for shifting the place of investigation outside Bengal. The latter may claim it as a moral victory, but the former got the legal victory.

The details of the case relate to the chit fund scam – a criminal offence which must be dealt with according to law and legal procedures. But, the investigations, which are part of the policing work are scuttled by clash between State rights and Central authority.

The Attorney-General informed the Supreme Court that the CBI officers were “pushed around, bundled into a bus, and illegally confined in a police station for hours and the Joint Director’s house was laid siege to.” It was a physical confrontation between Central and State policing machinery which must be resolved and their jurisdictions must be redefined if there is any grey area.

Union-State conflicts are likely to be bloated out of proportion in the present surcharged atmosphere of federal fronts and State rights by interested political power centres. 

At the same time, preventing crime, fighting corruption and providing orderly governance are far more important than merely claiming rights or asserting power. In all the three areas, collaborative and not competitive exercise of power of Union and State Governments must be fostered. This is the essence of cooperative federalism. Political pundits are not needed to point out these elementary rules of good governance.  

In this instance, a State Government has demonstrated its ability and willingness to take an administrative issue with the Centre to the streets and has thus politicized an administrative matter.  The immediate  outcome  of this episode in this pre-election  period  is manufacture  of a hot issue and creation of an opportunity  to reinforce the gathbandhan  of disparate groups in need of an effective adhesive required by all.

In the coming days, other political parties in the alliance are likely to enter dharna politics with different regional demands. The development will help strengthen their electoral ties by repeated assertion of mutual support and create an image of strength and solidarity between them whatever may be the reality. 

The AP Chief Minister, along with TDP legislators, ministers, and MPs observed  a 12-hour fast in Delhi demanding special status for his State and received  favourable response immediately from many of the anti-Modi front leaders .   A few months ago, Delhi CM sat in dharna in the LG’s residence which drew the support of his counterparts in many States.

Bengal Chief Minister, while ending her dharna is reported to have remarked that she “could not take a decision without consulting other political parties”. It was again an expression of solidarity with other regional parties without any formal agreement on joint policy or action.  The slogan for bringing together opposition parties has been to save democracy, save federalism, and save institutions.

Though what happened in Kolkata is considered as “unprecedented”, the possibility of imposing President’s Rule was not discussed during the dharna. The situation was not at that point grave enough to invoke Section 356 of the Constitution.

The incident politically makes it clear that the principal rival of the TMC in the coming election is not the Congress or the CPM but the BJP which can be interpreted as an indicator  of growth of the BJP in Bengal  --  the bastion of the CPM for many decades. The TMC may not form a pre-poll alliance, but will target mainly the BJP despite the possibility of resurrection of the CPM and the Congress in the future when anti-incumbency factor starts working.

Verily, the TMC is prone to concentrate on immediate future and ignore long-term consequences of its actions – be it social and economic scheme or political moves. Bengal has opted out of Aayushman Bharat scheme for health promotion and it will not be a surprise if it rejects pension for small and marginal farmers.

Bengal CM’s main target of attack is the BJP, and her stand is, “If we want to save the country, we have to defeat Modi”. Thus, an action in pursuance of a criminal investigation process is deemed to be a danger to the country. And there are dozens of political parties to lend support to this stand.

The situation in Bengal “bordered on the failure of constitutional machinery” in the words of the Home Minister in the Lok Sabha. However, its immediate impact on alliance politics has submerged the long-term question regarding the role of the CBI in federalism.---INFA

(Copyright, India News & Feature Alliance)