Monday, January 4, 2021

Bengal Elections: Will there be a transfer of power or TMC’s will rule continue?

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Raya Tripathi

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Bengal Elections: Will there be a transfer of power or TMC’s will rule continue?

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Global Views 360

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January 4, 2021

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Representative image of people voting

Representative image of people voting | Source: Election Commision of India

As the assembly elections in West Bengal are getting closer, the competition between the Bharatiya Janata Party (BJP) and Trinamool Congress (TMC) is getting more intense. This election and its result will  be historic. Whole nation is looking forward to the Bengal Elections keenly.

Recently, there was a lot of hue and cry by the BJP when some people allegedly tried to attack the BJP party president JP Nadda's convoy near Diamond harbour in West Bengal. While the BJP labelled the attack as a “sponsored violence”, CM Mamata Banerjee called it a “drama” staged by the BJP to gain media attention. But apart from all this, there are other things which make this election important.

Other than the BJP and the ruling TMC, there are other players as well – Left Front, led by CPI(M), Congress Party, AIMIM.

The situation of the Left Front and the Congress

Rally of Congress and Left Alliance | Source: IBTimes

In the 2019 Lok Sabha elections, the Left Front did not win a single parliamentary seat. Also, except the Jadavpur constituency, it lost all its deposits in all the seats. The Indian National Congress, which is its alliance partner, did not fare well as well and managed to get two seats only. In the upcoming 2021 assembly elections, the two parties have again joined hands, and this time, it’s not just about the electoral victory, but also about maintaining their relevance in the state.

The Left Front, which used to be a major party in the state and ruled for decades, is now seeing an existential crisis. Their first aim is to retain themselves as the main opposition party of West Bengal. Mamata Banerjee’s thumping victory in the 2011 elections marked the end of the Left rule in West Bengal. In the 2016 Assembly Elections, Trinamool Congress had a landslide victory, whereas the BJP got only two seats. But now, the BJP is emerging as the main opposition to TMC, which should be a matter of concern for the Left Front which is losing ground. In an article by The Quint, CPI(M) leader Shatarup Ghosh said, “Of course the BJP is our main opposition—not just in West Bengal but also nationally. They are ideologically and politically completely opposed to us. But that being said, we are not ready to give an inch to Mamata Banerjee either. The TMC needs to go, but they can’t be replaced by the BJP. That is our position”. The Left also alleges that TMC violence against them increased especially after 2016. “At this point, because we couldn’t function in full strength, there was a void in the space of the opposition. The BJP came in at that point and said that they’re running the centre, have CBI, ED and other machinery and can help fight the TMC in a way that the Left can’t. Those who wanted to vote against TMC, therefore, naturally went to them”, he adds.

The Indian National Congress has ruled West Bengal first from 1947–62, and then again from 1972–77. After that, Congress has not performed well in the elections here.

Rise of AIMIM in West Bengal

Asaduddin Owaisi, the face of AIMIM | Source: Wikimedia

All India Majlis-e-Ittehad Ul Muslimeen– better known as AIMIM, has seen a rise recently outside their home state, after winning 5 seats in the Bihar elections. Party President Asaduddin Owaisi held a meeting with AIMIM West Bengal party functionaries for taking their views with regards to the upcoming elections and political situation in the state, calling it a “fruitful” meeting.

On AIMIM focusing on Bengal Elections, TMC MP Saugata Roy took a jibe at the party’s chief and called him “an assistant of the BJP, who is being used by the latter to split non-BJP votes”.

A Muslim voter in Bengal | Source: Wikimedia

Muslim votes are crucial for the TMC. AIMIM senior leader Syed Asim Waqar tweeted, telling Mamata Banerjee’s party that their enemy is the same, the BJP. Aurangabad MP and AIMIM Maharashtra President Imtiaz Jaleel tweeted: "Bihar tou jhaaki hai...WB, UP baaki hai" (Bihar is just the beginning, West Bengal and Uttar Pradesh are remaining). Other than this, party chief Owaisi recently said that it has been the consistent stand of the party that it would not contest elections in Assam and Kerala, as AIUDF and the Indian Union Muslim League are present in the two states. These points clearly show which states the party is aiming for.

AIMIM rallies had also gathered large crowds in Bihar. It won 5 seats in the Seemanchal region of Bihar, which borders West Bengal. It is also trying to emerge as the voice of the Muslims in states like West Bengal and UP. AIMIM was part of the Grand Secular Democratic Front, that had two UP based parties—Bahujan Samaj Party(BSP) and the Suheldev Bhartiya Samaj Party (SBSP)—besides Samajwadi Janta Dal and Rashtriya Lok Samta Party (RLSP). Owaisi's party was the best performer among all of them, other than that only BSP managed to get one seat.

Muslims in West Bengal

Muslims form about 27% of the West Bengal state population, but still remain underrepresented. They account for only 6% of government jobs. Although their representation has been better under the TMC, they still need improvement in the representation for the betterment of their community.

BJP and TMC

CM Mamata Banerjee (L) and PM Narendra Modi (R) meeting | Source: Wikimedia

Recently, TMC MLA Suvendu Adhikari—along with 23 others—joined BJP, at Home Minister Amit Shah's Midnapore rally, as a major blow to Mamata Banerjee and the TMC. Shah alleged that Mamata Banerjee has changed her party’s slogan from “Maa, Maati, Manush” (Mother, Earth, Humanity) to “extortion, corruption and pandering to the nephew”, targeting Banerjee’s nephew and MP Abhishek Banerjee.

The BJP increased its seats from 2 to 18 in West Bengal in the 2019, which came as a surprise. Almost 57% of Hindu votes went to the BJP, and 32% to TMC. The party is trying to woo Hindus and also the Hindi-speaking population of West Bengal. Recently, BJP-supported Hindutva organisations such as the VHP, Bajrang Dal and the RSS, which had only a little presence in the state, have become more assertive, as was seen through their armed processions for Ram Navami.

Suvendu Adhikari, TMC leader who recently joined BJP | Source: মঞ্জুর আলম খান via Wikimedia

To keep a check on the saffron party’s rise, the Mamata government made sure to announce new schemes and that the previously implemented policies remain fresh in the minds of the people. Recently, the TMC released its 'report card' on the work they have done and the promises kept. They have mentioned the 'Sabujsathi' scheme in it, which, according to the Mamata government, has been fulfilled. In this scheme, bicycles were to be distributed among approximately 40 lakh students from classes 9th to 12th studying in govt run and govt aided schools in West Bengal. The scheme was launched in September 2015. A scheme called “Swasth Saathi” was launched recently by the West Bengal government, as the BJP attacked the government by saying it did not implement the Ayushman Bharat scheme of the central government.

Even after opposition from newly emerging parties in the state, like the BJP and AIMIM, other than that from the already existing parties, the Left Front and the Congress, the TMC is trying to remain optimistic about their third term. Who’s winning? Only time—and the people of West Bengal—will tell.

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March 4, 2021 4:43 PM

Does giving the Lieutenant Governor more authoritative power have an impact on India's Federal structure?

On 3rd of February 2021, the NCT bill cleared by cabinet along with 20 other bills proposed to be introduced in the parliamentary session. The amendment was passed on 9th of February in the Rajya Sabha.

“The Bill proposed to amend the Government of National Capital Territory of Delhi Act, 1991, in the context of judgment dated 14.02.2019 of Hon’ble Supreme Court (Division bench) in Civil Appeal No 2357 of 2017 and other connected matters.”

The article explains the timeline and the practical implications of the NCT Amendment Act 2021 on the federal structure.

The Centre's amendments to the NCT of Delhi Act, gives more powers to the Lieutenant Governor and Delhi’s Kejriwal government were totally against the amendment as due to their bitter experience with the previous and current LG.

The Arvind Kejriwal government described the NCT Bill, as a murder of constitutional democracy and accused BJP of secretively drafting the amendments so as to govern Delhi in an unconstitutional manner using the LG's office.

The new amendment is expected to now clearly define the powers and functions of the Lieutenant Governor and the Delhi Government based on the 2019 judgement. The amendments add a category of bills, which fall outside the ambit of Delhi legislative assembly and which the Lieutenant Governor must reserve for consideration of the President. This category is supposedly added for the sake of “better governance” and to reduce potential conflicts. The amendments also specify that the elected government needs to send legislative proposals to Lieutenant-Governor (LG) at least 14 days in advance to seek his opinion and avoid any delays.

The tussle between the Delhi government and the Centre reached the Supreme Court 2017. The honourable Supreme court defined the role of the LG in Delhi and ruled that the LG cannot interfere in every decision of the Delhi Government. The tussle between the Union and Delhi government has that Article 239 AA of the Constitution at its core. The Article 239 AA gives Delhi the special recognition of a Union Territory with a Legislative Assembly that has a lieutenant governor as its administrative head.

In July 2018, a five-judge Constitution bench of the Supreme Court led by Chief Justice Dipak Misra stated that the lieutenant governor’s powers in the National Capital were only limited to land, police and public order.

“The lieutenant governor must work harmoniously with the elected government. The LG is the administrative head but can’t act as an obstructionist”, the bench stated. The supreme court also stressed upon the fact that the power and status of the LG was different from the state governors. They mentioned that the Lieutenant Governor must not be an obstructionist and must work harmoniously with the Delhi government. “There is no room for absolutism and no room for anarchy,” the bench stated. The verdict is not complete yet as the issue of services divided the bench that delivered the order and the matter is now addressed by a three-judge bench on the Supreme Court which has not concluded the hearing yet.

So far, the AAP has argued that former LG Najeeb Jung and the current LG Anil Baijal are undermining the federal structure of the Republic of India by objecting the decisions made by the Delhi government and overruling their authority in bureaucratic matters.

Former LG of Delhi with Prime Minister Modi | Source: Wikimedia

In July 2013, Najeeb Jung took charge as the LG of Delhi and Arvind Kejriwal swore in as the Chief Minister (CM) of Delhi in December 2013. After 49 days of governance, Arvind Kejriwal stepped down as his minority government was unable to pass the anti-corruption legislation due to lack of support provided by other political parties. In February 2015, the Aam Aadmi Party came back to power by a staggering majority of 67 out of 70 seats. However, the party faced a higher veto obstruction while making several decisions. In May 2015, LG Jung annulled all the bureaucratic postings by Delhi government and stated that power to appoint and transfer rests with him.

In June 2015, five officers of Bihar Police joined Delhi Government’s Anti-Corruption Branch (ACB). Jung rejected their employment at the ACB claiming that he was the person in charge even before the new amendment. In the same month, the Delhi government replaced the Home Secretary Dharam Pal and Jung obstructed the decision by vetoing the order. When the AAP government decided to hike circle rates in Delhi for agricultural land, the former LG Jung objected to the decision although the State government has the complete authority to take such decisions. In another instance in 2016, Jung set up a panel to probe over 400 files related to decisions taken by Delhi government. The CM of Delhi deemed it to be illegal.

Kejriwal and the AAP government blamed the former LG and Prime Minister Narendra Modi for the CBI raids of his office, FIRs filed by ACB against Arvind Kejriwal and former Delhi CM Late Sheila Dikshit in water tanker scam, restriction of control on appointing state bureaucrats and general obstruction of decisions.

Anil Baijal, the now LG of Delhi with Defence Minister Rajnath Singh | Source: Wikimedia

On 31st December 2016, Anil Baijal swore in as the Lieutenant Governor of Delhi. While the tussle between AAP and the LG continued, the alleged assault of Chief Secretary Anshu Prakash by AAP leaders at CM Arvind Kejriwal’s residence in February 2018 gave a new momentum to the tug of war.

Following the incident, the IAS association reportedly skipped routine meetings with ministers as a mark of protest but claimed that they have not suspended work. Before that, on December 2017, the turf war between Kejriwal and Baijal reached Parliament, with a Rajya Sabha member claiming that the CM was being treated like a “peon”.

In 2018, the AAP government demanded LG’s approval for the proposal for doorstep delivery of rations and also demanded grant of complete statehood for Delhi and installation of CCTVs. Baijal did not approve both the demands directly and further complicated the process. Kejriwal stated that the LG rejected the demands over “petty-politics”.

In June 2018, Delhi CM Arvind Kejriwal sat in a nine-day long hunger strike at the Lieutenant Governor’s office against the “strike” by IAS officers and Kejriwal wrote to Prime Minister Narendra Modi, requesting him, “with folded hands”, to intervene and end the agitation of the IAS officers.

The Aam Aadmi Party argues that the BJP is hell bent on ruining efficient governance of Delhi through the LG. Critics believe that the tussle has failed the federal system of our Democracy.

Chief Justice Dipak Misra, Justice Sikri and Justice Khanwilkar, in their written opinion devoted a significant portion to explain the understanding of federalism, and its fusion with democracy to achieve an “egalitarian social order”. According to our Constitutional scheme neither the States isolated islands, with their distinct vision, nor the Union government can make decisions that are meant to affect the interests of the States. The Chief Justice highlighted that there should be a sincere effort to avoid conflict and not encroach on each other spheres in a collaborative framework of federalism. To exercise authority, “there should be perception of mature statesmanship so that the constitutionally bestowed responsibilities are shared by them.” To attain the ideal balance in a federal structure, the Chief Justice suggested the Union and the States to have “mutual respect and deference to actualise the workability of a constitutional provision.”

Collaborative federalism involves healthy negotiation and coordination between the Union and State governments to ensure that the governance works within the circumference of the Constitution and in harmony.

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