News reports that the Voice of People Party (VPP) is planning to gherao the State Secretariat comes as no surprise since all political parties are now in election mode and VPP is known for its histrionics. The bye-election to the Shillong Parliamentary Constituency is scheduled to be held within the 6-month period since the seat became vacant following the sudden demise of Dr Ricky AJ Syngkon of the VPP on February 19 this year. By this calendar the election should be held soon but not later than August this year. The VPP, UDP, Congress and NPP have selected their candidates. The BJP is still waiting for a candidate to emerge. Now coming to the VPP’s threat of storming the Secretariat, the Party has every right to do so provided it has the permission of the District Administration and the Police. After all there is no knowing as to what turn the protest will take. Security restrictions around government buildings is anyway the task of the district administration.
The Indian Constitution allows citizens the right to assemble peacefully under Article 19(1)(b). However, the state can impose reasonable restrictions for public order, security, traffic management and protection of government functioning. A “gherao” could become legally problematic if it involves: blocking entry/exit to the Secretariat. However, the Government could impose Section 163 of the Bharatiya Nagrik Suraksha Sanhita (BNSS) (previously Section 144 Cr Pc.) on the plea that its apprehends violence or some unforeseen circumstances. Normally political parties hold demonstrations near the state secretariat, outside the legislative assembly or district offices, but police usually designate a protest zone, or impose barricades and detain protesters if the protest turns lawless. Physically surrounding or obstructing the Secretariat is often restricted depending on circumstances.
But the question is whether this is a posturing by the VPP in view of the bye-election and because the Party wants to make its presence felt. In a democracy, the Opposition party plays a crucial constitutional and political role. It is not the role of the Opposition to be “against” the Government. A constructive Opposition helps keep the democratic system accountable and balanced. The public looks at the Opposition to be the bulwark against the high-handedness of the Government. The Opposition questions Government decisions, policies, spending and actions in the legislature and in public. This helps prevent misuse of power and promotes transparency.It is also the role of the Opposition to provide a set of alternative policy proposals. At the moment Meghalaya is being pilloried for being the worst performer in the country as far as education is concerned. The Opposition should be sitting to study the present state of education in Meghalaya and list out the maladies while prescribing viable solutions. Would the Opposition stand with the Government in closing down all schools with zero recruitment over decades?
The Opposition is meant to prevent the ruling party from riding roughshod over democratic principles such as the independence of the judiciary, of election bodies, of media freedom, and civil liberties when they are under pressure. Has the Opposition in Meghalaya ever done that? A democracy works best when the ruling party governs effectively, and the Opposition criticizes responsibly and constructively. This of course is an ideal situation and is unlikely to happen in Meghalaya since both sides indulge in posturing. The welfare of the people come last on their agenda.
