Round The States

New Delhi, 4 October 2007

Unprecedented Confrontation

TAMIL NADU Vs SUPREME COURT

By Insaf

Tamil Nadu is more or less back to normal after an unprecedented confrontation between the State Government and the Supreme Court, triggered by Chief Minister Karunanidhi’s virtual defiance of the latter’s order banning a bandh to press for early execution of the controversial Sethusamudram Project. Fortunately, Karunanidhi realized in good time that all that the Supreme Court had done was to follow its previous binding judgments. On November 1997, the Supreme Court expressly approved a judgment of the full bench of the Kerala High Court (February 1997) that “a call for a bandh effectively precluded citizens from exercising their fundamental rights and was, therefore, unconstitutional.” Subsequently in December 2003, the Supreme Court thundered in the case of James Martin vs. State of Kerala about the necessity of controlling bandhs with an iron hand to protect “victims of the high-handed acts of some fanatics with queer notions of democracy and freedom of speech or association.”

Karunanidhi also now recognizes inwardly that the Supreme Court was within its right to take notice of what it considered to be a break-down of the Constitution. True, the law does not permit the Apex Court to pass orders for dismissing the Government under Article 356 of the Constitution. Nevertheless, according to leading jurists, if the Court is of the opinion that there is a constitutional breakdown of machinery, it can advise the Government to look into it. At any rate, the Court’s oral observations threatening to recommend sacking of the State Government and imposition of the President’s rule were intended to ensure that the State machinery functioned and followed in accordance with its orders. Importantly, not many are aware that oral observations made by the judges have no force in law. No formal order was passed by the Court threatening imposition of President’s rule, a power which vests only in the Central Government. 

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Karunanidhi: Facts and Fiction

What next? Will Karunanidhi be hauled over by the Supreme Court for contempt? Much depends upon Karunanidhi’s willingness to stop trying to be clever by half. On Wednesday last, the CM made “amends” by coming up with a new explanation for his inability to enforce the Supreme Court order banning the 1 October bandh. The official order, he said, “had reached the Chief Secretary only by 10.30 p.m. and there were only a few hours left for the bandh to commence.” Yet the facts of case go against the DMK Chief’s claim. The Apex Court ruling was flashed by all news channels by 1.30 p.m. and Karunanidhi himself stated before the TV cameras at 2.30 p.m. that a hunger strike would be held instead; he even mentioned the venue in Chennai. Eyewitnesses confirm that the speakers at a public meeting that Karunanidhi attended that evening touched on the point repeatedly. Interestingly, the Court had ordered that there should be no disruption of public transport on 1 October. However, only 61 of the city’s 16,000 buses came out that day! 

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All the States have been put on their best fiscal behaviour by the Centre. Playing spoil sport, New Delhi has issued a stern ultimatum to the States: show work, only then we will show you the money. Consequently, the States are now busy drawing up plans to meet their fiscal targets. Peeved by the fiscal profligacy of the States, the Finance Ministry has made it clear to all the State Governments that no more funds would be released unless they furnish utilization certificates for the past allocation. Adding to the woes of the States, the Centre has outlined “specific steps” to ensure compliance. Moreover, it has also declared that no further transfers would be made to a Reserve Fund until unspent balances in the Fund had been utilized. The Centre’s control over extravagance and wastefulness has also been tightened. Further, the Chief Controller of Accounts has been directed to keep vigil during his “pre-payment scrutiny.”  It remains to be seen how many States will comply with this new directive.

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DGHC Assured Autonomy

Better late than never! The Centre has at long last agreed to give the Darjeeling Gorkha Hill Council autonomous self-governing status under the Sixth Schedule of the Constitution, as demanded by Subhash Ghising, President of the Gorkha National Liberation Front. The West Bengal Assembly had earlier bowed to the GNLF supremo’s wishes and adopted on 16 March 2006 a resolution for bringing the DGHC, set up in 1987 following an agreement between the Union Government, headed by Rajiv Gandhi, the West Bengal Government and the GNLF, under the Sixth Schedule.  Inclusion in the Sixth Schedule will give the DGHC constitutional protection. Its existence will no longer be dependent on the goodwill of the State Government and its laws. The Centre has promised to bring forward a Bill for the purpose during the winter session of Parliament. It has also agreed to take into account the GNLF’s demand for incorporation of some more areas of Siliguri District in the autonomous Council to make it economically viable. Ghising and his GNLF will need to keep their fingers crossed!

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BSP’s Social Engineering

UP Chief Minister Mayawati is once more at her social engineering best. After successfully wooing Brahmins in Uttar Pradesh and now trying to repeat the same in Gujarat, the Bahujan Samaj Party in Chhattisgarh has decided to engineer a social pact with the OBCs and Scheduled Castes to make inroads into the State polity. Hoping to replicate her successful UP social engineering experiment  Mayawati has decided to contest all the 90 States Assembly seats in next year’s election. In the last Assembly poll the BSP had contested 52 seats and won two seats. To bring the 52 per cent OBCs and 22.3 per cent SCs into the party fold bhaichara (brotherhood)  committees have been launched in the State. The shrewd Mayawati has dumped the upper castes in the State as they constituted only 4 per cent of the total population here. Notwithstanding the fact that the present Chief Minister belongs to the upper caste.

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In Harmony in Kerala Village

A small village in Kerala has set a heart-warming example of living in harmony. A Muslim family in Perruvalloor panchayat in Malappuram district has given some of its land for the rebuilding of an ancient temple. And, the Hindu temple would be just 50 metres away from a mosque, behind a madrasa! The decision was taken by a five-member committee constituted by the panchayat, after debris of an old Gowri Shankar temple was recovered near the madrasa a few weeks ago. Though minor disagreements between members of the two communities were resolved initially, the final approval of constructing the temple was kept a secret to avoid any unpleasant incident. Now, in the holy month of Ramzan one can hear at the same time priests chanting prayers and calls for namaaz from the mosque.

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Gujjar’s Step-up Demand

The Gujjars of Rajasthan appear hell bent to get themselves the status of Scheduled Tribes. In a planned agitation, over five lakh Gujjars courted arrest in the State last week as part of their “jail bharo” action. The agitation started on Sunday last, when the Gujjars decided to stop supplying milk to dairies and customers throughout the State. The agitation is a “do-or-die situation” whereby, anyone who goes against the collective decision would be fined Rs 5,100, thereby affecting milk supply in the State. The Gujjars provide 60-70 per cent of milk to small cities and towns and another seven to 13 lakh litres to the Rajasthan Saras Dairy. The Gujjars claim that their’s is a fit case for ST status and, in support, they have decided to lay siege in New Delhi on Saturday. The community will protest outside the BJP headquarters as it is angry with the Vasundhara Raje-led BJP Government in the State. Whether their protest will be successful or not is anyone’s guess. The only thing certain is that the country’s capital may well be held to ransom. ---INFA

(Copyright, India News and Feature Alliance)