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Round The States
Unprecedented Confrontation
TAMIL NADU Vs SUPREME COURT
By Insaf
New Delhi, October 06, 2007
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.
* * * *
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.
* * * *
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.
----INFA
(Copyright, India News and Feature
Alliance)
E-Mail :
newseditor@sarkaritel.com
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