Col J P Singh, Retd
On 28 March 2016, Harish Rawat led Congress govt of Uttarakhand was dismissed and the President rule imposed. BJP was alleged to have abetted defection and toppled a constitutionally elected Govt. An unprecedented crisis had erupted in Uttarakhand Assembly on 18 March when 9 Congress MLAs revolted against their own party Govt and joined 27 of BJP in opposing the passage of Budget. The Speaker declared the Appropriation Bill (Budget) passed despite 35 members in a house of 61 saying ‘nay’. BJP claimed that the Budget had failed the floor test and hence the Govt fallen. Governor sought floor test but before it could be held, Speaker disqualified 9 rebels. Sensing the chief minister negotiating a money deal to lure back rebel MLAs, President rule was imposed. Harish Rawat got 33 out of 61 votes in a restructured mandate and is back. Congress claims it as big victory. I do not understand the constitutional complexity of the melodrama but I do remember the sequence of events which I wish to put across to the analysts to form an opinion with respect to the floor test.
On 18 March 2016, 27 BJP and 9 Congress MLAs met Governor seeking dismissal of Rawat led Govt for having lost majority. Rawat met Governor on 19 March and claimed majority. Governor orders floor test on 28 March. Congress termed it as BJP attempt to topple all Congress led govts. On 21 March Congress expels Saket Bhaguna, MLA, son of Vijay Bhaguna, their ex CM, for masterminding rebellion in the party. BJP and Congress separately met President and urged him to intervene to resolve the political crisis. On 26 March, one of the rebel MLA presents a video sting to the press showing Rawat settling a cash deal with a journalist to lure back rebels to win confidence vote. On 27 March Speaker disqualifies 9 MLAs, a day before the floor test under anti defection law and at about the same time centre gets into action and the President rule is imposed. Imposing President rule and disqualification of 9 rebels happened almost simultaneously. BJP blamed Speaker for disqualifying 9 MLAs when President rule had been declared and Assembly placed in suspended animation. This happened just prior to the confidence vote. On 28 March Rawat moves Nanital High Court against President rule. High Court questions center’s intervention in state matters and fixes May 6 for floor test. Centre moves the same High Court challenging floor test decision. High Court confirms floor test but allows disqualified MLAs to vote. This was challenged by Rawat before the Division Bench. Division bench upheld Speaker’s disqualification and debarred disqualified MLAs from voting. Disqualified MLAs challenged it in the same High Court. On 21 April High Court revoked President Rule and reinstated Rawat. Centre moved the Supreme Court against High Court decision. Apex Court stayed High Court decision till 27 April, asked Central Govt’s comments on the floor test. Govt accepted the floor test option. High Court dismissed disqualified MLAs petition on 9 May. Disqualified MLAs moved Supreme Court same day and their plea was heard at 2 PM. Justice T S Thakur, the Chief Justice directed rebels to approach the same bench of the High Court which had ordered floor test. Next day the floor test was held without any relief to the disqualified MLAS returning Rawat to power.
Rawat is being hailed for fighting the rebellion within the party, battling multiple stings/scams, facing onslaught of BJP, keeping rest of the flock together and is being credited for proving his political astuteness. I suspect the very veracity of new method of disqualifying the dissenters, restructuring the composition in the House and wining the floor test. Speakers can resorts to disqualification, alter the structure and can keep the illegal govts in majority for all the five years makes no sense. In this case Nanital High Court has confirmed that Speakers inside the Assembly are Hitler. Rawat is said to be a fighter but disarming opponents and winning a bout is no chivalry in my sense. Although it was believed that Rawat will win the trust vote but some experts were of the opinion that, in all fairness, the Apex Court may keep the floor test result in abeyance till the fate of 9 disqualified MLAs was decided.
BJP missed the boat this time in Uttarakhand. 9 disqualified MLAs are also in wilderness but they have not given up. They have challenged the floor test and again approached Supreme Court. Common sense suggests that they should not have been debarred from voting as the High Court once decided. Had they voted, Rawat would have been defeated. Hence I don’t think Rawat has become an unchallenged leader in his party and the state. Presently a CBI probe against Rawat is going on. 9 rebels though stand disqualified but a threat remains. Hence fate of Rawat Govt is in doldrums. Should he dissolve the Assembly immediately and seek fresh mandate, he may make the next govt. if he doesn’t, he may/not return to power. Seeking a fresh mandate when beleaguered should be the norm for every chief minister. The lust for power invariably over rides propriety.
Uttarakhand was copy cat of Arunachal Pradesh. Apex Court’s directive that the majority can only be tested on the floor of the house is right but is debatable in this case. I am sure Supreme Court will look into Hitler like indiscriminate powers of Speakers. Besides that, time has come to debate the validity of Article 356 of the Constitution. Should Uttarakhand lesson be an opportunity to consign it to the archives. This should also be reviewed by the SC. Speaker suspended 9 MLAs to save Rawat. Rawat’s fate would have been sealed had Speaker been impartial. Rawat’s five decades long political career and wisdom would have been appreciated had he won with all 71 voting.
No denying that it is a big embarrassment for the BJP, a set back to Machiavellian Amit Shah and embarrassment to Narendra Modi but no less embarrassment for the Congress. Congress flock is otherwise also shrinking. Wherever it has identity, like a drowning sailor, it is grappling with straws in the sea. Its top political leadership is in desperation. Wherever and whenever we hear them, we find them floundering. From a formidable pan national party, it is towing on to lesser known politicians like Kuldip Bishnoi of ‘Haryana Janhit Congress’, ideologically opponents Leftists and critique BSP. The BJP is turning on to turn coats as in Arunachal and Uttarakhand. Some are luring even ultras and anti-nationals to bail them out on the bumpy roads. Issues raised by Congress leaders such as comparing RSS with Islamic State terror groups and BJP’s cudgels against antinational activities of university students are not good signs. That is why we are seeing political instability, lawlessness and desperation here and there and the politicians committing Himalayan blunders.
Power is all that matters to the politicians. Power by whichever means and at whatever cost is their virtue. They do not consider truth, fairness and consistency as virtues. They swear by the constitution but do not stand by their oath. They seem to believe that ‘Satyameva Jayate’ inscribed on our national emblem are mere words without any significance. Path of truth, fairness and justice are alien to such politicians.
Political power is being used criminally. A brat son of a JDU politician shoots a 19 year young boy for overtaking his SUV and seems to be getting away with it. Bihar and Uttarakhand are the sad chapters of our history. For the followers of daily news, there is lot to speculate on the above events. An interesting phenomenon is that despite being in power BJP is trying its best to grab more power by all means, foul and fair. Others in power are using it brutally.
Although Modi’s personal popularity and public appeal remains high, his team intact and RSS supportive of his Govt, the overall politically scene in the country is gloomy. Corruption and crime is on the rise. There is alarming drought in the country. Luckily there is no challenger to Modi’s leadership at the national level, otherwise Uttarakhand would have caused political storm in Delhi.
As a nation, we have become a nation of scams, scandals and defections. To prove the point Agusta Westland scam and Uttarakhand are enough. Country’s polity and administration have assumed a character that it has become incapable of solving any serious problem such as money laundering. Everything is meaningless for the nation unless and until the promises made by Modi before election and later in the Budget speeches are fulfilled.
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