Part VI
Not far down into his five year mandate , Mr Modi on 26th Feb 2015 declared “My govt’s only religion is ‘India first’, holy book is constitution”
To imbrue a constitutional innings with a religious hue runs an obvious risk . Failure to deliver attracts the additional indictment of blasphemy. The need to maintain constitutional rectitude ,thus , rests heavier on the shoulders.
At the core of the ‘holy’ book lie institutions established by the constitution, the inviolate pillars of our political edifice that dispense the rule of the law equitably. These pillars need continual chiselling to stand out as authentic embodiments of a vibrant democracy , else they degenerate into dust bowls of democracy that Russia and Turkey, to name a few, are today.
And Karnataka cataclysm was a chop not a chisel at prominent pillar - Governorship. The grotesque power grab that unfolded besides raising an obnoxious stink left behind a worrisome presage. Despite seventy years of democracy it is still feasible for an unscrupulous regime determined to have its way at any cost, to cook up different versions of the ‘holy’ book to suit its immediate purposes. One Governor ignores the largest single party and lets an alliance stitched up, post poll, into government formation, another debunks a similar post poll alliance with verified majority to let the single largest party cobble up majority by devious means and deliver a government born in illegitimacy.
Ironically, both acted on the advice of the same Centre governed by PM ,Mr Modi. Can it therefore be said that Mr Modi acted true to his oath “I will do right to all manner of people in accordance with the Constitution and the law, without fear or favour, affection or ill-will.” ?
Such instances of governors’ misuse of discretion or stepping outside gubernatorial propriety have multiplied manifold in Mr Modi’s charge. Mr Rajkhowa within a few months of his arrival fuelled existing dissensions in Arunachal Pradesh Congress. A bizarre spectacle remincent of the Aaya Ram Gaya Ram phase of politics in Haryana played out soon. ‘kangaroo’ courts of rebel MLAs held in Conference halls of hotels , elected a ‘Chief Minister’, impeached the Speaker, and the deemed ‘assembly’ passed a vote of confidence in the Chief Minister elect. The Centre waiving the requirement of a majority or lack of it being determined on the floor of the assembly and nowhere else, endorsed the rebels cause by imposing President’s rule.
Some Governors have refused to stay within their role. Anandiben, Governor of MP, suffers no qualms in holding training camps in the state for BJP workers. The governor of Kerala refuses to read parts of address critical to Mr Modi. And so on.
Some Governors have refused to stay within their role. Anandiben, Governor of MP, suffers no qualms in holding training camps in the state for BJP workers. The governor of Kerala refuses to read parts of address critical to Mr Modi. And so on.
Disconcertingly ,overwhelming voices in the media choose to glorify unholy power grabs facilitated by governors as masterstrokes . Ram Madhav with a smug smile suffusing his countenance unabashedly proclaims on TimesNow, in case of numbers falling short, ‘ Don’t worry, we have Amit Shah”, much to the delight of the news anchors presentand chagrin of constitution lovers. Media too has abdicated its watchdog role for a cheerleader of government, its handbag poodle. The fourth Estate proper is now much shrivelled in size, a pale shadow of itself, its voice a cry in wilderness .
Even the judiciary is being banefully impacted. The Centre refuses to settle the MOP for appointment of judges, uses its monopoly of issuing notifications of appointment and giving vigilance clearances to flex muscles in appointments to higher judiciary or cherry-pick judges to notify, KM Joseph is the latest victim ostensibly for hailing from a state that GOI feels is over represented in SC. The real reason is not too difficult to divine- quashing of centre’s dismissal of UK congress govt. If over representation is a defining criterion one can legitimately ask why all material administrative posts are manned by only Gujarat cadre personnel - from CEC to NIA to RBI Governor ?
While the constitution guarantees certain freedoms to all its citizen, the state seems hell bent on curtailing it. Harsh criticism ,in some cases even caricaturing of Mr Modi ,is likely to bring the Some restrictions are imposed to pander to sensivities of Hindus. Cow slaughter, and beef-eating are strictly anathema to Hindus and banned in most states. Fine, but making a concession here opens the door a little for other ban demands on same grounds. No meat on Hindu festival days, no meat eaters in Vegan localities, no onions and garlic too in stricter vegan ones..... There will be no end to it . In Haryana and UP lately ,voices are being raised in sympathetic constitutional quarters against Muslims offering Namaz in open public spaces , presumably for the same subterranean reasons.. Promoting majoritarianism is starkly unconstitutional.
The litany of constitutional workarounds being practiced by the present regime is long , including selective use of CBI, NIA , ED to target political opponents, safe passage to economic offenders like Mallya .Modis and Choksis, burying Panama Papers , dropping cases or refusal to collect evidence of wrong doing against cronies......What can be a more eloquent testimony of how friendly caged parrots have become that even Kathua rapists demand their case being investigated by CBI in a state ruled by BJP !
Undeniably ,other regimes in the past too have gamed the constitution and set wrong ,nay, evil precedents . But that can’t justify its continuance in more virulent forms today. A party claiming to be a party with a difference must be different indeed .