By Insaf
Rajasthan Polling
End to Bitter Campaigning
Rajasthan goes to the polls today. The campaigning has been rough and tough and while pollsters would give thumbs up to ruling Congress, the State appears to be in a neck-to-neck contest between the grand old party and BJP. Gehlot government has gone all out to woo the voters with welfare schemes and the party’s 7 guarantees, including Rs 10,000 per year to female head of family, cow dung at Rs 2 kg, free laptops and tablets to first-year government college students, et al. The BJP too follows in similar footsteps but its guarantees centre around Prime Minister Modi. Besides, its Hindutva strategy is given sharp focus, as its star campaigner started his campaign from a Hanuman temple. The bitter campaigning has got the Election Commission stepping in. On Thursday last, it issued a show-cause notice to Congress leader Rahul Gandhi for his panauti, ‘pickpocket’ and ‘loan waiver for the super-rich’ jibes at Modi, saying the MCC prohibits leaders from making ‘unverified allegations against political rivals.’ Additionally, its issued two show-cause notices to Congress over two advertisements — one claiming a wave in its favour and another asking people to give missed calls to avail benefits of its poll promises. These ‘fail to adhere to the standards expected from a national party’, is the BJP’s complaint. The Congress may cry hoarse or see it as its rival truly worried, but the results will show which guarantees eventually worked.
Governors ‘Playing
With Fire’
Governors need to tread cautiously; they are only titular heads and real power rests with people’s representatives. The firm message comes from the country’s top court. In a 27-page judgement uploaded on Thursday last, the Supreme Court asked Punjab Governor Banwarilal Purohit to ‘now proceed to take a decision on the Bills’ submitted for assent during Assembly’s sittings on 19, 20 June 2023 and 20 October 2023, as these were ‘constitutionally valid’. Earlier, during the course of hearing, the court had said the governor was “playing with fire” as it held that being the titular head of the state the Governor can’t cast doubt on the validity of an assembly session or withhold his decision indefinitely on bills passed by the House. Any such attempt, it said ‘would be replete with grave perils to democracy.’ In a Parliamentary form of democracy, the real power vests with MLAs and MPs and “Members of government are accountable to and subject to scrutiny by the legislature. The Governor as President’s appointee is the titular head of State.” Importantly, the Speaker is recognised to be a guardian of the House privileges and constitutionally recognised authority who represents the House; the Governor, as an unelected Head of State, is entrusted with certain constitutional powers. “However, this power can’t be used to thwart the normal course of lawmaking by state legislatures.” Big not just for the AAP government, but other State governments which have been in a running battle with their respective Raj Bhavan. Remember the idiom– discretion is the better part of valour.
Set Up Delimitation
Commission
Disproportionate representation of tribal communities in Sikkim and West Bengal assemblies should go a long way to get sections of SCs and STs justice across the country. Hearing a petition of NGO, Public Interest Committee for Scheduling Specific Areas, contending the Limbu and Tamang communities (STs), were denied a proportionate representation in these States, the Supreme Court on Thursday last, directed Centre to set up a fresh delimitation commission for ensuring a proportional representation of the communities specified as SCs and STs, as mandated under Constitution. However, it clarified it can’t direct Parliament to amend or make laws for giving proper representation to other communities that form part of the STs as this would amount to “venturing into legislative domain”. Additional seats, it said must be made available in Bengal for the STs to accommodate ‘principle of proportional representation.” The plea claimed Limbu and Tamang communities’ population in Sikkim had risen to 33.8% in 2011 from 20.6% in 2001 and in Darjeeling, West Bengal, ST population rose to 21.5% in 2011 from 12.69% in 2001. Importantly, the court was clear that its verdict ‘shall not be read to interfere’ with Parliament or assembly’ polls ‘since elections are an overarching mandate and these have to be carried out on time’. All that can be said is that once the process starts, ‘benefit (of reservation) has to be given across the country,’ as demands from various states are pending. So, while the exercise must be on the agenda, a deadline is missing!
Adamant Bihar
Bihar is pulling out all the stops to get what has been demanding. On Wednesday last, Chief Minister Nitish Kumar upped the ante on the long-standing demand for grant of special status to the state by getting the Cabinet to pass such a resolution. In a post he said the Centre has been requested for the same as it ‘was necessitated by findings of the caste survey his government carried out.’ Importantly, while the rise in percentage of population of the deprived castes has led to increase in the quotas for SCs, STs and OBCs from 50 to 65%, he said his government planned to undertake several welfare measures for the benefit of “94 lakh families”, which lived in abject poverty. Recall, the demand for special status has been pending “since 2010”. At same time, he has urged the Centre to incorporate the hiked reservation for deprived castes from 50 to 65% in state government jobs and educational institutions in Constitution’s 9th Schedule, so it’s guaranteed immunity from legal scrutiny. Nitish has also been saying that if INDIA bloc forms the next government at the Centre, he would press for “special status to all backward states”. Clearly, there’s more than meets the eye.
Farewell ‘Judged’
A farewell speech in Allahabad High Court has not just raised many an eyebrow but could ruffle feathers. On Tuesday last, its retiring Chief Justice Pritinker Diwaker in his farewell speech alleged his transfer in 2018 from Chhattisgarh HC when the collegium was headed by then CJI Dipak Misra was done to ‘have been issued with an ill intention to harass me’! He said when he was elevated to the bench on March 31, 2009, he discharged his duties till October 2018 “to the satisfaction of one and all, and particularly to my own inner being.” But “now, a sudden turn of events descended upon me when then CJI Deepak Misra showered on me some extra affection for reasons still not known to me which entailed my transfer to Allahabad HC, on October 3, 2018.” However, ‘as fortune would have it,’ he said ‘the bane turned into a boon…’ Besides, he thanked present CJI Chandrachud, ‘who rectified the injustice done to me,’ and for being appointed as Acting CJ of Allahabad HC and eventually CJ on March 26, 2023. Interestingly, his remarks come on the heels of a farewell speech by Justice Bibek Chaudhuri, recently transferred from Calcutta HC to Patna HC. He said: “I must say that in 1975 during Emergency, 16 judges of different HCs were transferred by an executive decision in one go. After almost 48 years, 24 judges have been transferred from one High Court to another by the Collegium of the Honourable Supreme Court in one go.” The big question being whether these churnings or targeting with the judiciary should be welcomed or not?—-INFA