Whether constitutional conventions will be followed by Centre in TN is to be seen
The Constitution of India is one of the most sophisticated books written by some of the most knowledgeable and humane people on this planet, in the mid-20th Century. However, its full advantage can be enjoyed only if it is implemented in right Letter and Spirit. This longest written national constitution in the world, defining India as a sovereign, socialist, secular and democratic republic, also provides for its own amendment under Article 368, so that it may undergo changes and evolve itself as per the requirements of the nation and its people, albeit prohibiting alteration of its fundamental framework.
There have been many instances in the past pertaining to non-adherence of the Constitution when it was either suspended or incorrectly amendment. The imposition of Emergency on the nation transforming India into an authoritarian state for 21 months is one such example, while misuse of Article 356 (President’s Rule) frequently followed by various central governments to dismiss state governments run by opposition parties, is another.
The recent assembly polls conducted in the four states and a Union Territory dismantled some dominant political parties from power. Following the defeat of the ruling Trinamool Congress in West Bengal, its chief Mamata Banerjee has refused to put in her resignation from the Chief Minister post, and is adamant about the decision. Describing the decision as “a symbolic protest against alleged stealing of the election by the Bharatiya Janata Party, with rigging by the Election Commission of India”, Banerjee said, “Let them impose President’s Rule if they want. Let them dismiss me if they want.” A political leader refusing to accept political reality is both unfortunate and unacceptable.
Down South, in Tamil Nadu, another kind of standoff has brewed between the Governor, Rajendra Arlekar and the Tamilaga Vettri Kazhagam (TVK) chief, actor-turned-politician C Joseph Vijay, with the former rejecting the latter’s claim to form the government, and asking him to return only after securing signatures of 118 MLAs to prove majority support. The TVK has emerged as the single largest party, winning 108 seats out of 234 in its electoral debut, falling short of the 118 majority mark. In a hung assembly scenario, Constitutional conventions and Supreme Court guidelines, such as those from the Sarkaria Commission and the Rameshwar Prasad case (2006), suggest that the Governor should invite the leader of the single largest party or pre-poll alliance to form the government and prove their majority on the floor of the House. In this backdrop, the Centre’s role in resolving the Tamil Nadu situation will be critically watched.
Following the 1996 Indian general election, which resulted in a hung Parliament, Atal Bihari Vajpayee was invited by the then-President Shankar Dayal Sharma to form the government as the leader of the BJP, which had emerged as the single largest party. It is another matter that the BJP failed to muster a majority or secure enough support from other parties to gain a majority in the Lok Sabha, and Vajpayee resigned after just 13 days, before the trust vote.
Post-Independence, India has survived as a true democracy, thanks to her citizens rather than the leaders who have ruled her. The people of India have ensured that the nation stands tall as the world’s largest democracy. It is now up to the politicians to follow the suit. It is very important that every leader in power places the nation and its Constitution above self and his or her own political party, and respects the lex terrae in a show of dignity.
