Ever since the grand old party [read Congress] faced an unprecedented defeat in the general election [2014], it is following a pre-meditated action plan to embarrass Modi – government at the slightest available opportunity. The latest in the series is the imposition of President’s rule in Uttarakhand which it has described as “murder of democracy” and even challenged in the court.
The party is harping on the fact that the Union Cabinet made a recommendation to this effect even before the test of strength of the incumbent government on the floor of assembly slated for March 28, 2016 [the recommendation was made on March 27, 2016 and the same day, President gave his assent].
It justified its stance citing the principle laid down by the nine-judge constitutional bench in SR Bommai case [1994] which required that “governor has to summon the assembly and call upon the chief minister [CM] to establish that he enjoyed the confidence of the House …. no question of governor making an assessment of his own”.
But, what it refuses to take note is that the government had nearly lost confidence vote in the assembly on March 18, 2016 when the appropriation bill was taken up for consideration. On that day, a majority of the legislators [as many as 35 out of 67 present in the House] had submitted in writing to the Speaker seeking a division. Yet, the latter declared the bill as passed by voice-vote blatantly brushing aside the former’s request. Had the speaker allowed voting, the government would have collapsed on that very day itself.
There could not have been a more brazen demonstration of the breakdown of constitutional machinery. The government had been reduced to minority [following defection of 9 Congress MLAs to BJP] yet this was swept under the carpet by preventing voting and declaring a ‘failed bill’ as passed. That was murder of democracy.
Seeing the writing on the wall, the governor asked the CM to prove his majority the very next day. But, Mr Rawat resorted to unconscionable delay ostensibly to buy time so that a minority could be converted in to majority by manipulative tactics and luring back defecting legislators. A sting whose genuineness has been established by a government forensic lab provides ample evidence of this.
Therefore, when governor put up his recommendation, apart from his assessment, he was guided primarily by what happened in the assembly on March 18. As regards not waiting for the vote of confidence to happen on March 28, given the developments during the 10 days interregnum, he had no reason to believe that another test of strength would be conducted in a fair manner.
That the incumbent government was relentlessly pursuing its agenda of manufacturing a majority when it actually did not have one, would be clear from Speaker’s decision – within hours of President’s proclamation – to disqualify 9 Congress MLAs. This will reduce the strength of House to 61 thereby enabling it to win the vote with just 32 [28 Congress and 4 of Progressive Democratic Party].
Looking at the totality of the situation and sinister designs being unleashed every moment to fabricate a majority, the governor did not need any further proof. The decision was very much in conformity with principles laid by constitution bench in SR Bommai case as demonstrated by happenings on the floor of the assembly March 18.
Indeed, that would lend itself to greater legitimacy and credibility than a vote-of-confidence that would have been conducted on March 28. This is because the latter would be happening under the shadow of “horse trading” and “allurements” including monetary payments on a gargantuan scale. These harsh realities must not be camouflaged under technicalities of conducting a formal vote.
The fact of the matter is that the incumbent government had already lost the confidence on March 18 and on that basis, there was a strong case for bringing state under President rule. If, Mr Pranab Mukherjee who has a reputation of taking independent stand [he would be the last person to blindly go by recommendation of Union Cabinet] has given his assent shows that there is merit in governor’s arguments.
However, the centre seems to have erred in keeping the assembly under suspended animation. This points towards the possibility of BJP trying to form a government with the support of MLAs defecting from the Congress. Though, technically it might be able to prove its majority, the arrangement is unlikely to be sustainable.
There is no guarantee that the ‘defectors’ would continue to lend support to a BJP – led government. Even though, the party has categorically ruled out giving them any ministerial berths and won’t allow itself to be blackmailed in any manner whatsoever, no one can deny that the proposed dispensation would be inherently vulnerable.
That will also make BJP susceptible to criticism [already Congress is shouting from house top that the centre has misused its authority to topple the state government] that defections were engineered by it purportedly to grab power which is clearly not the case.
In view of above, the Union government should take the next logical step of dissolving the assembly to pave the way for fresh elections. Even so, in the normal course, elections are due next year and it would be apt to pre-pone these to prevent a volatile situation to linger on which is certainly not in the interest of the state.
That would also help in avoiding a slightest of dent on the credibility of the prime minister.