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.
* * * *
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!
* * * *
States Put On Fiscal Alert
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.
* * * *
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!
* * * *
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.
* * * *
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.
* * * *
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)
|