Round The States
New Delhi, 25 November
2023
Rajasthan Polling
END TO BITTER CAMPIAGNING
By Insaf
Rajasthan goes to the polls today.
The campaigning has been rough and tough and while pollsters would give thumbs
up to ruling Congress, the State appears to be in a neck-to-neck contest
between grand old party and BJP. Gehlot government has gone all to woo the
voters with welfare schemes and the party’s 7 guarantees, including Rs 10,000
per year to female head of family, cow dung at Rs 2 kg, free laptops and
tablets to first-year government college students, et al. The BJP too follows
in similar footsteps but its guarantees centre around Prime Minister Modi.
Besides, its Hindutva strategy is given sharp focus, as its star campaigner
started his campaign from a Hanuman temple. The bitter campaigning has got the
Election Commission stepping in. On Thursday last, it issued a show-cause
notice to Congress leader Rahul Gandhi for his panauti, ‘pickpocket’ and ‘loan
waiver for the super-rich’ jibes at Modi, saying the MCC prohibits leaders from
making ‘unverified allegations against political rivals.’ Additionally, its
issued two show-cause notices to Congress over two advertisements -- one
claiming a wave in its favour and another asking people to give missed calls to
avail benefits of its poll promises. These ‘fail to adhere to the standards
expected from a national party’, is the BJP’s complaint. The Congress may cry
hoarse or see it as its rival truly worried, but the results will show which
guarantees eventually worked.
* * * *
Governors ‘Playing With Fire’
Governors need to tread cautiously; they are only titular
heads and real power rests with people’s representatives. The firm message
comes from the country’s top court. In a 27-page judgement uploaded on Thursday
last, the Supreme Court asked Punjab Governor Banwarilal Purohit to ‘now
proceed to take a decision on the Bills’ submitted for assent during Assembly’s
sittings on 19, 20 June 2023 and 20 October 2023, as these were
‘constitutionally valid’. Earlier, during course of hearing, the court had said
the governor was “playing with fire” as it held that being the titular head of
the state the Governor can’t cast doubt on the validity of an assembly session
or withhold his decision indefinitely on bills passed by the House. Any such
attempt, it said ‘would be replete with grave perils to democracy.’ In a
Parliamentary form of democracy, the real power vests with MLAs and MPs and
“Members of government are accountable to and subject to scrutiny by the
legislature. The Governor as President’s appointee is the titular head of
State.” Importantly, the Speaker is recognised to be a guardian of the House
privileges and constitutionally recognised authority who represents the House;
the Governor, as an unelected Head of State, is entrusted with certain
constitutional powers. “However, this power can’t be used to thwart the normal
course of lawmaking by state legislatures.” Big not just for AAP government,
but other State governments which have been in a running battle with their
respective Raj Bhavan. Remember the idiom-- discretion is the better part of valour.
* * * *
Set Up Delimitation Commission
Disproportionate representation of tribal communities in
Sikkim and West Bengal assemblies should go a long way to get sections of SCs
and STs justice across the country. Hearing a petition of NGO, Public Interest
Committee for Scheduling Specific Areas, contending the Limbu and Tamang
communities (STs), were denied a proportionate representation in these States,
the Supreme Court on Thursday last, directed Centre to set up a fresh
delimitation commission for ensuring a proportional representation of the
communities specified as SCs and STs, as mandated under Constitution. However,
it clarified it can’t direct Parliament to amend or make laws for giving proper
representation to other communities that form part of the STs as this would
amount to “venturing into legislative domain”. Additional seats, it said must
be made available in Bengal for the STs to accommodate ‘principle of
proportional representation.” The plea claimed Limbu and Tamang communities’
population in Sikkim had risen to 33.8% in 2011 from 20.6% in 2001 and in
Darjeeling, West Bengal, ST population rose to 21.5% in 2011 from 12.69% in
2001. Importantly, the court was clear its verdict ‘shall not be read to
interfere’ with Parliament or assemblies’ polls ‘since elections are an
overarching mandate and these have to be carried out on time’. All that can be
said is that once the process starts, ‘benefit (of reservation) has to be given
across the country,’ as demands from various states pending. So, while the
exercise must be on the agenda, a deadline is missing!
* * * *
Adamant Bihar
Bihar is pulling out all the stops to get what has been
demanding. On Wednesday last, Chief Minister Nitish Kumar upped the ante on the
long-standing demand for grant of special status to the state by getting the
Cabinet to pass such a resolution. In a post he said the Centre has been
requested for the same as it ‘was necessitated by findings of the caste survey
his government carried out.’ Importantly, while the rise in percentage of
population of the deprived castes has led to increase in the quotas for SCs,
STs and OBCs from 50 to 65%, he said his government planned to undertake
several welfare measures for the benefit of “94 lakh families”, which lived in
abject poverty. Recall, the demand for
special status has been pending “since 2010”.
At same time, he has urged the Centre to incorporate the hiked
reservation for deprived castes from 50 to 65% in state government jobs and
educational institutions in Constitution’s 9th Schedule, so it’s guaranteed
immunity from legal scrutiny. Nitish has also been saying that if INDIA bloc
forms the next government at the Centre, he would press for “special status to
all backward states”. Clearly, there’s more than meets the eye.
* * * *
Support For Palestine
God’s own country may bring some cheer to the war-ravaged
Palestinians. A mass solidarity rally was organised by the Congress PCC in
Kozhikode on Thursday last, to clear the air: “Palestine solidarity is not a
new thing for the Congress Party. It has been continuing without any change
since Gandhiji and Nehru’s time.” Both AICC General Secretary KC Venugopal and
CWC member Shashi Tharoor were at pains to counter accusations that the grand
old party was silent on the issue due to ongoing Assembly polls and asserted it
condemned Israel’s war on Gaza, its attacks against hospitals and refugee
camps; and hit out at Modi government’s foreign policy, saying India’s
abstention from voting in UNGA against the war, ‘brought disgrace to the entire
nation’. Venugopal even described Modi and his Israel counterpart Netanyahu as
‘the same type’ and accused the Centre of using foreign policy as ‘a PR
exercise to ensure its victory in polls.’ Sadly, the humanitarian side of the
war has got lost in vote bank politics. Domestic issues are being seen to
influence South Block’s pro-Israel shift as it gives a shot in the arm to the
Hindu nationalists. People taking out pro-Palestine rallies in some State have
been briefly detained by the police; the Indian media too has titled reportage.
Guess, Kerala gives some solace.
* * * *
Farewell ‘Judged’
A farewell speech in Allahabad High Court has not just
raised many an eyebrow but could ruffle feathers. On Tuesday last, its retiring
Chief Justice Pritinker Diwaker in his farewell speech alleged his transfer in
2018 from Chhattisgarh HC when the collegium was headed by then CJI Dipak Misra
was done to ‘have been issued with an ill intention to harass me’! He said when
he was elevated to the bench on March 31, 2009, he discharged his duties till
October 2018 “to the satisfaction of one and all, and particularly to my own
inner being.” But “now, a sudden turn of events descended upon me when then CJI
Deepak Misra showered on me some extra affection for reasons still not known to
me which entailed my transfer to Allahabad HC, on October 3, 2018.” However,
‘as fortune would have it,’ he said ‘the bane turned into a boon…’ Besides, he
thanked present CJI Chandrachud, ‘who rectified the injustice done to me,’ and
for being appointed as Acting CJ of Allahabad HC and eventually CJ on March 26,
2023. Interestingly, his remarks come on the heels of a farewell speech by
Justice Bibek Chaudhuri, recently transferred from Calcutta HC to Patna HC. He
said: “I must say that in 1975 during Emergency, 16 judges of different HCs
were transferred by an executive decision in one go. After almost 48 years, 24
judges have been transferred from one High Court to another by the Collegium of
the Honourable Supreme Court in one go.” The big question being whether these
churnings or targeting with the judiciary should be welcomed or not?----INFA
(Copyright, India News & Feature Alliance)
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