Bengal Violence and Predicament of Central Government

The state of West Bengal continues to be in limelight for quite some time in social, electronic and print media, not in India but worldwide as well. Reasons for discussions are unabated violence in the state of West Bengal going on for quite some time and has now taken an ugly turn during state Assembly elections and post assembly elections. Apparently, it seems that there is no control of the state government on violence but clandestinely with the tacit consent of the state govt.

Violence continues to engulf the different regions of West Bengal where ethnic cleansing of Hindus on the pattern of Kashmir from various villages and towns continues and people are taking refuge in the adjoining state of Assam, nearly from one to one and a half lakh Hindus have been forced to leave their homes and hearths by the goons of TMC govt. It seems that there is the total collapse of law and order and breaks down of constitutional machinery as the state govt. Is in hand and gloves with the perpetrators of violence to unleash terror especially upon Hindus of Bengal who did not support Mamta Banerge in the recently held state Assembly elections. It is pertinent to mention here chief minister of Bengal Mamta Banerge openly during the election campaign threatened the workers of BJP. that once she returns back to power she would teach them a lesson.

Soon after election results with the help of state machinery supported by Jihadis, Rohingyas, Nexlites, anti-social elements beside Muslim infiltrators who have crossed over to West Bengal from Bangladesh without any obstruction from the state government. She is achieving her objectives of horror and terror upon her rivals in particular and Hindus in general. The chief minister of West Bengal Mamta Banerge behaves like a sovereign head of the country and has scant regard for central government dictates and constitutional provisions which allow the state govt. to run the administration by following the constitutional provisions envisaged in the constitution of India.

The unprecedented post-poll violence in West Bengal can be compared with a direct action plan of 1946 wherein thousands of Hindus were killed and lakhs of them fled away from Bengal under the direction of the then chief minister of Bengal Mr Suhrawardy.It is rightly said that power corrupts and absolute power corrupts absolutely. The same is the case of West Bengal where the chief minister behaves in such an arrogant manner as if she is above law and above country.

Her rhetorics before elections and after elections have become more of a concern to people of this country because of her attitude of defiance, having no regard for the head of the country and other directives given by the centre from time to time as is amply reflected during the recent visit of Hon’ble pm of India in state of West Bengal to assess the damage caused by the cyclone but the irony is that CM Mamta Banerge did not turn in time in the meeting of pm, made the pm to wait for half an hour and when came handed over a dossier to him and immediately left the meeting hall this is how she behaves. This kind of uncouth behaviour clearly reflects something sinister and very dangerous is going on in her mind,if not curbed or checked would become volatile and explosive and also detrimental to upholding constitutional authority in the country. In the recent event when centre govt. Called Chief secretary of west Bengal to Delhi but Cm of intervened and started calling shots on centre thus completely eroding the constitutional authority of centre overstate. The situation in the state of West Bengal is very dangerously poised and if not corrected with the centre’s intervention Would invite very serious repercussions.

With this background:

Let us enumerate various provisions of the constitution which relates to centre-state relations, options before the centre assert its authority upon state govt. When states become defiant to provisions enshrined in the constitution and other implications If centre govt. failed to check such kind of unconstitutional behaviour viz a viz centres authority to impose president rule when there is a total break down of law and order and constitutional machinery, where in-state government willingly becomes the perpetrator of violence upon its own citizen to unleash a wave of terror to avenge those who have not supported it and to carry forward its own agenda of secession from the Union of India.

India is a union of states where the constitution clearly defines the centre-state relationship :

(1) Legislative relationship :

Articles from 245 to 255 of the constitution of India clearly defines the legislative powers distribution i. e extent of laws made by the parliament and by the legislatures of the states. No law of the parliament shall be deemed to be invalid that it would have extraterritorial operations.

Article 246 of the constitution defines union list, concurrent list and state list as per the seventh schedule of the constitution for legislation under the overall control of the parliament of India.

Administrative relations general:

Articles 256 to 261in general deals with administrative relations of the state with union :

Article 256, envisages, the obligation of states and Union asunder, The executive power of every state shall be so exercised as to ensure compliance with laws made by parliament and any existing laws which apply in the state, the executive power of union shall extend to the giving of such directions to state as may appear to the govt. of India to be necessary for that purpose.

Article 257 of the constitution further gives control of union over states in certain cases.

These articles clearly reflect that the union govt. In its domain can direct the state Govts. to perform their obligatory duties as per the constitution.

Apart from the articles discussed above Article 365 of the constitution of India gives unfettered Powers to the union govt. to assert it’s the authority over states when the states defy the central authority. Art. 365, enumerates as under, Effect of failure to comply with or to give effect to, directions given by the Union.

When any state has failed to comply with or to give effect, to any directions given in the exercise of executive power of the union under any of the provisions of this constitution, it shall be lawful for the president to hold that a situation has arisen in which the govt. of the state cannot be carried on in accordance with provisions of this constitution.

Thus article 365 of the constitution is a precursor to follow before president rule is imposed in the state. This article also serves as a sort of warning to mend the and abide by the constitution. Let us discuss when a proclamation of emergency has to be made, Part xviii of the constitution of India deals with emergency provisions from article 352 to 360.

But here I would enumerate article 355 and 356 of the constitution of India which are of our concern presently.

Art. 355:- Duty of the union to protect states against external aggression and internal disturbance:- It shall be the duty of the union to protect every state against external aggression and internal disturbance and to ensure that govt of every state is carried on in accordance with provisions of this constitution.

But in the state of West Bengal, there is a blatant violation of constitutional provisions and governance deficit has added fuel to the fire thus resulting in anarchy.

Art. 356:- Provisions in case of failure of constitutional machinery in states.

(1) If the president on receipt of a report from the governor of a state or otherwise is satisfied that a situation has arisen in which the govt. of state cannot be carried on in accordance with the provisions of this constitution,the president may by proclamation:-

(a) assume to himself all or any functions of the govt. Of the state and all or any of the powers vested in or exercisable by the governor or anybody or authority in the state other than the legislature of the state.

(b) declare that the powers of the legislature of the state shall be exercisable by or under the authority of the parliament.

(c) make such incidental and consequential provisions as appear to the president to be necessary or desirable for giving effect to the objects of proclamation.

2, Any such proclamation may be revoked or varied in the subsequent proclamation.

3, Every proclamation made under this article must be placed before both the houses of parliament within two months for approval, shall continue for six months unless revoked and the maximum period can be three years.

After discussing constitutional powers of union govt. and states and overall control of union over the states in the federal structure but maintenance of law and order is the state subject and protecting homes and hearths of the citizens including the lives is obligatory upon states as per the mandate of the constitution but the case of West Bengal is a unique one where the state itself commits heinous crimes on its own citizen in brazen violation of the constitution.

The predicament of the central Government in handling west Bengal govt. maybe because of the full bench judgment of the Hon’ble Supreme Court of India in case S. R. Bommai v/s union of India AIR 1994, which was a landmark judgment of the Supreme Court of India, where the court discussed at length provisions of art. 356 of the constitution of India and related issues. This case had a huge impact on centre-state relations. The judgment attempted to curb blatant misuse of art. 356 of the constitution of India, which allowed the President’s rule to be imposed over State Govts.

The analysis of the judgment upon art. 356 is as under, The Supreme Court of India has laid down a few propositions while delivering very important judgment, concerning article 356

(1)Proclamation made by the president, dissolving a state legislature Assembly is subject to judicial review.

(2)The govt of India has to justify the issue of proclamation under article 356 and the burden of proof lies on the govt.

(3) The credibility of the material would not be gone into by the courts.

(4)On the striking down of the proclamation, the courts have the power to restore the dismissed govt.

The above-cited judgment was passed by the Hon’ble Supreme Court of India conjointly in no. of writ petitions filed by different dismissed state Govts.like Nagaland, Meghalaya, M.P, Rajasthan, Himachal Pradesh and Karnataka.BJP ruled states were put under president rule after the demolition of the Babri structure by the congress led govt. Congress party at centre invoked article 356 more than ninety times in order to render opposition helpless.

While delivering this landmark judgment Hon’ble S.C has also laid following guidelines where the imposition of president rule in the state would be proper.

(1) where the constitutional direction of the central govt. is disregarded by the state government.

(2)Internal subversion, where a govt Is deliberately acting against the constitution and the law or is fomenting violent revolt.

(3)Physical breakdown, where the govt willfully refuses to discharge its constitutional obligations endangering the security of the state.

The above guidelines given by the Supreme Court of India amply befit and apply to the rebellious state of West Bengal and to put it under president rule till violence is culled.

Justification for imposing president rule in state of West Bengal are as under:

The state of West Bengal is also of strategic importance as it borders Bangladesh and the chicken Neck corridor is the only connecting link with seven sister states of North East and hostile china is few kilometres from here. Disturbance in Bengal can affect National security at large. West Bengal under Mamta Banerge has become centre of subversive activities to destabilize India. State govt. of West Bengal doesn’t bother for central Govts. directions. Neither implement central schemes meant for the welfare of masses, disregard pm of India, humiliates home minister and other central ministers, did not allow chopper of the home minister who had come for the election campaign. oppose central laws like CAA, openly oppose NRC.

Encourage Jahadis, facilitate Rohingyas to settle in West Bengal. Give shelter to infiltrators Bangladeshis and got them settled within five kilometres border belt in order to change the demography of the area for electoral gains. Tacitly support Nexlites and antisocial elements. Mamta Banerjee with the help of disgruntles and goons of TMC caused a forced mass exodus of lakhs of Hindus in their own country to the adjoining state of Assam. Failed to protect homes and hearths of Hindus, allowed massacre, rape of Hindu Women’s, arsons and loot of Hindus property is commonplace in west Bengal. Police and Administration are mute spectators rather than a party to booty and violence. The irony of times is that not even a single murderer or criminal is arrested by the West Bengal police.

Constitutional machinery has failed to such an extent that the Governor of the state is no longer regarded as the head of the state. No official correspondence is done with him. Even the chief secretary of the state doesn’t comply with orders of the governor. The worst part of the situation is that the Hon’ble governor has to visit violence-affected areas and has to listen to tales of lamentations, cries and sobs of women, children, old and infirm. The gruesome murder of several BJP workers shook the very consciousness of the governor. The CM of West Bengal did not bother even to condemn such happenings.

Warrants issued by the Supreme Court of India are not complied with. CBI, NIA, ED and all other central govt. Authorities have no free access in the state of West Bengal. West Bengal virtually has assumed the form of a rebellious state without any check from the central government. The central government is a mute spectator watching unfolding events in Bengal helplessly.

The central government under the aegis of pm Modi must revisit their policy viz a viz Bengal and the rest of the Indian states which are hell-bent to tarnish the image of pm and country.

In the prevailing circumstances, the course left for central govt. Is to resort to constitutional provisions to dismiss the state government of Bengal as there are ample proofs that warrant president rule in West Bengal. There is no blanket bar put by the Supreme Court of India in imposing president rule in genuine cases and the president must use art. 356 sparingly and prudently. As sufficient time has been already given to West Bengal govt. to adhere to constitutional norms but in vain.

Centre Govt. has ample powers as discussed above to impose Art. 356 and has sufficient material and proofs to prove to withstand the testimony of law in the courts. The people of India have given a massive mandate to the Narinder Modi govt. to act firmly and steer the nation out of the crisis but not for inaction and compromise on National honour and National security.

Let us wait and see how the centre govt. acts in these circumstances or remains a silent spectator to witness more killings, rapes, arsons, cries and sobs of fleeing Hindus in their own country namely the secular state of India. Pm must awake from slumber and display his courage and strength and act firmly without delay as the nation warrants action on his part.

(Sanjay Raina is an advocate and the president of Adivakta Parishad District Poonch)