Unitary Bias

The BJP government is drawing a lot of flak for recent appointments of governors and the AIADMKs threat of getting it to use Article 356 for dismissing the DMK government. The criticism seems to be justified.

Ever since the new government has won the confidence vote, its allies, within and outside the government, have been obliquely suggesting that they wouldnt rest until the Tamil Nadu and Bihar governments are dismissed. While the BJP is willing to keep its own agenda in abeyance, are its coalition partners willing to suppress their hidden agenda?

It is widely accepted that Article 356 needs total restructuring, as it has been grossly misused in dismissing state governments at the whims and fancies of the government at the Centre. The Sarkaria Commission has recommended that the governors recommendations should be justiciable while dissolving or not allowing the largest party to form the government in a state. Even the Attorney General has suggested that any imposition of Article 356 should be subject to judicial scrutiny.

The BJP catapulted to power in UP by horsetrading and violating the principles of defection enshrined in Schedule X. The controversial governor decided to submit his resignation before the BJP came to power at Centre. Now, the partys very own central ministers are talking of impos- ing Presidents rule in TN and Bihar under the pretext of deteriorating law and order situation or financial impropriety by using Article 356.

The resignations by the Mizoram, Goa and Gujarat governors and the reshuffling and appointing of new governors on May 18, without consulting the respective chief ministers, is gross misuse of the provisions of Articles 155 & 156 regarding appointment of governors. Arent these dual standards? Formal consultations with the chief ministers should have been done before the appointment of governors.

The Constitution of any country must be able to meet the aspirations of the people. Aspirations of the people keep changing with time and thus a need to relook into the structure of the Constitution rather than have piece-meal amendments that have been done over the last 47 years. It is accepted that our Constitution is basically federal, even though the preamble mentions it as a Union of States. But it has a predominant unitary bias.

The environment and ambience under which the Constitution was written in the 40s have undergone a sea change, and the people now have the experience of being governed by many Congress and non-Congress governments at the Centre and states. There is thus a need to relook into the Articles which define Centre-state relations.

At a time when the BJP and regional parties are ruling at the Centre, it is appropriate that the Constitution be re-written with clear-cut federal concepts removing the unitary bias which is inherent in many clauses. Various prerogatives provided to different strata of society need reviewing in the light of the changing scenario and emerging aspirations of the new generation.