West Bengal Chief Minister Mamata Banerjee may have opposed Pranab Mukherjee's candidature for the post of president. But if Mukherjee makes his way to the Raisina Hill successfully, the Trinamool Congress (TMC) supremo might well have to depend on his assent to score in a legal battle she’s involved in with Tata Motors over Singur land.
The state government, whose controversial bill seeking to take back 400 acres of land leased out for Tata’s Nano car factory in Singur was struck down by the Culcutta High Court on June 22, is now preparing to introduce a new bill, which will need the presidential assent.
Many legal experts and party leaders suggested in a recent meeting at the town hall here, held by Banerjee, the government introduce a new bill.
“The high court has pointed out some flaws in the bill. The court says some section of the bill is in conflict with a central act (Land Acquisition Act, 1894). In that case, the bill needs presidential assent. So, we are considering all options, from challenging the verdict in the Supreme Court to bringing a new bill addressing the shortcomings,” said a senior TMC leader on condition of anonymity.
A division bench of the high court cited the absence of the assent of the president, a requirement whenever a state law is in conflict with the provisions of a central act, as a major shortcoming of the Singur Land Rehabilitation and Development Bill.
Under Article 254(1) of the Constitution, if a state law is in conflict with a central act, the latter prevails. However, under Article 252(3), the state law can prevail if it secures presidential assent.
Many in the state government now seem to have realised the mistake, and are of the view that a new bill should be introduced as they apprehend the Supreme Court might uphold the division bench’s ruling on the same ground.
A section of TMC leaders also thinks the government should consider the option of negotiating with Tata Motors to resolve the impasse. “My personal opinion is that there is no harm in negotiating with the Tatas...Our fight is not with the Tatas. Our purpose is to protect the interests of the affected farmers,” Agriculture Minister Rabindranath Bhattacharya said. Industry Minister Partha Chatterjee refused to comment on the issue. Meanwhile, West Bengal Governor M K Narayanan on Monday said: “I thought we do not require the president's approval and that was the legal advice also.”
On the other hand, Tatas are preparing to continue the legal battle over the Singur land as it filed a caveat in Supreme Court, in anticipation that the state would move the apex court. Constitution experts also think such a bill requires presidential assent. “As the matter was related to acquisition of property, the governor should have sent the bill to the president as per the constitution. I personally believe the Supreme Court will uphold the division bench’s ruling if the state moves Supreme Court,” said Amal Kumar Mukhopadhyay, a former professor of political science and principal of Kolkata’s Presidency College.
Sources in TMC say legal experts are of the view that the new bill should not talk about returning the land to farmers. This is keeping in mind the court observation that returning land to a handful of farmers cannot be considered “public purpose”.
And, if the state finally brings a new bill, it will have to seek president's assent. This means, with Mukherjee almost sure to win the July 19 race for the Raisia Hill, Mamata Banerjee may be one of the first to knock his door, seeking help.
