Are we inviting “Pyaar” & poll
It is learnt from a highly erratic source that a prominent central leader is conducting a hearing of some chosen state leaders to find an amicable solution to the present political imbroglio . Nine or ten state leaders are called in Dilli in quest of an early accord preferably a harmonious agreement among the leaders who are at loggerheads obviously on State issues. It is out of question to satisfy all the aspirations and expectations, but a middle path may be worked out in no time, of course in the interest of common people. If the State leaders don’t agree with the solution being suggested by the top brass at the Centre, we are heading towards ‘pyaar’ and consequently an early election .
Normally Article 356(President’s Rule ) of the Indian Constitution is invoked in case of failure of constitutional machinery in the States. It is one of the crucial powers at the hands of the Central Government to maintain the democratic form of government in the States and to prevent factional strifes from paralysing the State administration. The significance of this constitutional provision in the Indian political system cannot be overlooked considering the fact that it has been used more than 120 times since the enforcement of the Constitution in 1952.
It is the bounden duty of the Centre to ensure that the government of every State is carried on as per the provisions of the Constitution. Hence the President of India is empowered to make a Proclamation when he is pretty sure that the Government of a State is unable to carry on in accordance with the provisions of the Constitution, either on the basis of the report of the Governor( which includes part-time governor) of the concerned State or OTHERWISE(something to worry about).
While speaking in the Constituent Assembly in respect of this Article 356, Dr B R Amdedkar cautioned that it should be used as the last resort. He maintained that “we ought to expect that such articles will never be called into operation and that they would remain a dead-letter. If at all they are brought into operation, I hope the President who is endowed with this power will take proper precautions before actually suspending the administration “. On the contrary we have overused it.
The Federal Court ( Supreme Court ) in S R Bommai’s case where a nine-Judge Bench held that the validity of a Proclamation under Art 356 can be judicially reviewed to examine whether it was issued on the basis of any material ;whether the material was relevant; whether it was issued mala fide.It is abundantly clear that the power to declare a Proclamation of failure of constitutional machinery in a State has nothing to do with war or internal rebellion; it is an extraordinary power of the Federal Government to meet a political breakdown in any of the units/states of the federation which might impact the national strength. Some of the situations which may or may not amount to failure of constitutional machinery are given below:-
All the MLAs including the opposition MLAs want to become Minister.
Few ministers/leaders want to become Chief minister.
Chief Minister wants to continue and also to expedite a cabinet reshuffling.
Coalition partners are not happy with the State leadership.
Leading Party not comfortable with one or two coalition partners.
Party & Government not working in tandem.
Workers of main the ruling Party are completely confused, whom to follow ?
Officers are demotivated as they can’t take decisions on money matters.
Financial condition of the State is not cozy.
Administration on a quiescent mode.
Tenth Schedule somehow still maintains political stability.
No appointment & recruitment except at the top.
Only salary and pension can be guaranteed at the moment.
No bandh and no blockade means absence of Competent authority. Most of the leaders are in Dilli for the development and advancement of the State.
I am neither a legal eagle nor a constitutional expert but a mere student of law who managed a LLB degree that too by reading only DOKEE( Bazar-note ). However my reading of the present fluid situation compels me to come to the conclusion that if our leaders are unable to suggest a viable solution or find an amicable settlement Dilli won’t mind giving more powers to the bureaucrats and police under the name of ‘pyaar’. After a few months or six months of ‘pyaar’ election may be conducted with EVM; Dilli still recalls the latest State election in Arunachal where 41 was easily scored out of 60. A comfortable and clean government is always better than an adulterated government where the opposition is also part of the governance.