DailyPost 2490
PRESIDENT’S RULE : TO RULE OR NOT TO RULE
Whatever come may, governments are mandated to rule and that where their strength and utility less. They shall not fail us seems to the commitment they have given to constituents and that is the conscience and the spirit of constitution. That we have brought down governments and governance to government orders, some approvals, welfare schemes, advertisements, big fanfare for everything and the politicians calling every shot is fact we have to live with. There are checks and balances in the system, but it gives a feeling today and that most of it not if not all, are for paper purposes.
The complex web of governmental mechanism, all supported on the taxpayer’s money, could have made everyone feel like a king, but unfortunately to feel like even one of the self-respected masses, seems to be a distant dream. Cooperative federalism is being differently defined. The state government shares a different relationship with the centre depending on the party in power. Yet all come under the same constitutional machinery and governance of country, notwithstanding the fanciful definitions of democracy we create for our convenience and even more fanciful practices that we follow in the name of democracy.
It is nobody’s case the article 356 has not been misused in this country, it has been many a times and for that reason the parameters have been prescribed regarding government formation by Supreme Court in landmark judgements. But has anybody given a thought that there can be a breakdown of constitutional machinery outside of the situations as well? It can also be outside of the terrorism created breakdown of constitutional machinery of the ones we found long time back in Punjab and many a times in the erstwhile state of Jammu & Kashmir. The other situations we have decided not to consider. And it is clear no if the party in power in the state is the same as the one centre.
In such situations, as in the case of Manipur now, people are allowed to bear the brunt for no fault of theirs. Every state has a legal guarantee by the Union of India to come to its rescue, if the situation so warrants. Who will decide the breakdown of constitutional machinery? Can it happen on the strength of facts that manifest the gravity of the situation? Or it can happen only on the report of the Governor? What if the Governor fails to send a report? And the central government decides not to ask for any report recommending imposition of President’s rule, when every fact indicates a complete breakdown of everything. The great art of stage managing the constitution has been our nemesis.
HUMANITY SHOULD NOT BE SABOTAGED. UNIVERSAL DECLARATION OF HUMAN RIGHTS 1948 IS STILL TO REACH PARTS OF INDIA.
Sanjay Sahay
Have a nice evening.