EDITORIAL
PRESIDENT'S
ADDRESS
Although insurgency in
Jammu & Kashmir is in 12th year, it is for the first
time that President has lambasted Pakistan so
comprehensively while addressing joint session of both
Houses of Parliament. He minces no words when he puts the
blame for the cross border terrorism squarely on
Pakistan. Terrorism apart, President K R Narayanan also
castigates Pakistan for vicious anti-India propaganda
launched by Pak audio visual media and others. Such
propaganda being allowed from Pak soil indicates total
acquiescence of Pakistan ......more
TOWERS BLASTED
One after another power
transmission towers continue to be blasted by the day.
Hardly, the damage done to towers in earlier blasts was
repaired that terrorist have succeeded in blasting main
line tower near Banihal which feeds power to the Valley.
This has resulted in cutting off supply to the Valley fed
from Kishanpur-Pampore 220 V line. The damage done is so
large that it would take days and ......more
|

|
India
for gaining foothold
in
myanmar to counter
to
counter China
By N.B. Menon
Often the subject of criticism in its neighbourhood, New
Delhi on February 14 showed that its expertise and
resources could be used to promote better......more
Why
only tax payers, rope in the entire nation for bearing
the cost of natural calamities?
By M.N. Minocha
The inevitable was to come. And, it came barely six days
after the country's worst-ever natural calamity, the
earthquake in Gujarat. The tax shock.....more
The
people's constitution
By S Joshi
I feel that it is workable, it is flexible and it is
strong enough to hold the country together both in peace
time and in war-time. Indeed, if I may say so, if things
go wrong under the new Constitution, the reason will not
be that ......more
|
EDITORIAL
PRESIDENT'S ADDRESS
Although insurgency in
Jammu & Kashmir is in 12th year, it is for the first
time that President has lambasted Pakistan so
comprehensively while addressing joint session of both
Houses of Parliament. He minces no words when he puts the
blame for the cross border terrorism squarely on
Pakistan. Terrorism apart, President K R Narayanan also
castigates Pakistan for vicious anti-India propaganda
launched by Pak audio visual media and others. Such
propaganda being allowed from Pak soil indicates total
acquiescence of Pakistan Government because instead of
stopping it, there is definite element of justification
for the same. For instance when Pak supported militant
outfits like Lashkar-e-Toiba and Jaish-e-Mohammad besides
others talk of hoisting Pak flag on Red Fort or threaten
to target PM and Home Minister, it is the duty of any
civilised Government to destroy such evil-doers
ruthlessly. The fact that there is not a single word of
condemnation on such wild statements reflect barbarity at
its peak and unbearable level. Those who cloak such of
the terrorists in the garb of Jehad reflect not only
travesty of religion but also stand charged with attack
on humanity and civilisation. When jehadis are termed as
'liberators' and not terrorists, it speaks volumes about
the nasty mind-set of Pak rulers. No religion, least of
all Islam, prescribes killing of the innocent people in
the name of jehad. In fact such of the jehadis let loose
on the hapless people of Jammu & Kashmir State hit
more civilians whom they pretend to protect and liberate
than the security personnel. Pakistan cannot disown its
responsibility as a member of United Nations when it
allows rampant violation of UN Charter by undermining
sovereignty of another Un member i.e. India.
Making reference to the
unilateral ceasefire announced on the eve of Ramzan which
has been extended twice, President is visibly perturbed
over lack of reciprocity and proper response from
Pakistan. This is the most vital peace initiative and one
would have expected Pakistan to create conducive
conditions for starting meaningful dialogue to resolve
various contentious issues, Kashmir included. Despite
repeated stress by India and other countries the world
over, Pakistan has failed to stop transborder terrorism.
If anything all attempts, overt and covert, have been
made to sabotage the peace initiative. To term jehadis as
'liberators of the oppressed Muslims in J&K' and vow
to extend all support to them is negation of truth.
Pakistan must peep within PoK and see the level of
suppression there. This clearly shows that Pakistan is
hell bent upon changing the map of the sub-continent by
annexation of Kashmir through means fair of or foul.
Obviously, it cannot be allowed such liberties. Peace
initiative is futile unless it is positively responded by
the other side. Since it has not happened one begins to
wonder how long people of wretched State of Jammu &
Kashmir shall have to wait for lasting peace. There is no
denying the fact that people have thrown their lot behind
peace and reject bullets in favour of ballots. They did
it during successive Lok Sabha polls. They did it during
assembly elections. They have done it again during the
ongoing Panchayat elections. Yearning for peace stands
further substantiated when Hizbul Mujahideen local
Commander Majid Dar announced ceasefire from July 24 only
to annual it on August 8 under pressure from
fundamentalist rulers in Pakistan. People of Kashmir had
greeted that ceasefire with bursting of crackers and
display of jubilations galore. It is this mood which is
abhorrent to Pakistan rulers. Because this changed mood
reflects people distancing themselves from Pak launched
terrorism.
President during his
address lauds supreme sacrifices made by army and
para-military forces under most trying circumstances.
During Kargil operation alone more than 500 jawans became
martyrs. They continue to secure borders and preserve
national integrity quite unmindful of their personal
safety. It may be mentioned that President is also the
Supreme Commander of Armed Forces. When he makes
laudatory references to their determination and chivalry,
it means role of the security forces is quite uppermost
in his mind. It is precisely in this context that he
makes it abundantly clear that action against terrorist
organisations would continue relentlessly. One really
does not know because ceasefire restrains their
pro-active role. With hands tied to the back, such action
as mentioned by President against terrorists cannot yield
tangible results unless President has in mind to 'review'
the unilateral ceasefire in as much as elimination of the
mercenaries and their stooges active in J&K State is
concerned. For one thing, these mercenaries who are all
foreigners have no business to be in the sensitive border
State and their elimination remains the pre-requisite to
restoration of normalcy. Same applies to their harbourers
and other agents provocateurs. This explains delaying of
the meeting of the Cabinet Committee on Security for
extension/revocation of ceasefire. Had the CCS opted for
extension, it would have run counter to the address of
the President who says that action against terrorist
organisations would continue relentlessly.
President's address in
fact reflects his Government's concerns and policy
directions. It will be watched keenly asto how concerns
thus enunciated are addressed in the coming days.
TOWERS BLASTED
One after another power
transmission towers continue to be blasted by the day.
Hardly, the damage done to towers in earlier blasts was
repaired that terrorist have succeeded in blasting main
line tower near Banihal which feeds power to the Valley.
This has resulted in cutting off supply to the Valley fed
from Kishanpur-Pampore 220 V line. The damage done is so
large that it would take days and months to restore
normal supply to the Valleyites. Even emergency or
partial restoration could take upto a week. And who knows
that another tower would be blasted the moment supply is
restored to the region. At this stage one can analyse the
blasting of towers in rapid succession from two distinct
angles. First, by aggravating woes of the Valleyites who
are already reeling under large curtailments, forces of
mayhem want to accelerate pace of alienation of the
masses against the State Government. They would like to
see the hostile and fully alienated scenario of early
nineties. It is easier to alienate but takes years for
the dealienation process. In fact, it is part of the
other hostile acts in the State which have been
masterminded to set the people against State and Central
Governments. Second aspect that terrorists want to
impress upon is that they reserve the right to strike at
random anywhere and anytime. Both State and Central
security apparatus is thus humiliated and kept on
tenterhooks with the puzzled mind: what next? Alienation
of the masses and demoralisation of the security forces
besides the State administration are the twin objectives
behind recent gory episodes in the troubled State and
blasting of the towers in rapid succession.
It would be quite prudent
to supply full power drawn from northern gird to Jammu
region until repairs are done to the towers and supply
restored to Valley. If you surrender it to northern grid
it would be fed to other States. So State will be well
advised to continue drawing its full allocation by
feeding the same to Jammu region. To alleviate the
sufferings of the brethren on the other side of Banihal
at least partially it would be equally prudent to
activate gas turbines already located in Valley.
Meanwhile, security of transmission lines and towers must
be tightened and those hell bent upon destroying such
vital links must be fished out before they cause further
damage and the resultant alienation.
|

India
for gaining foothold in myanmar to
counter to counter China
By N.B. Menon
Often the subject
of criticism in its neighbourhood, New Delhi on
February 14 showed that its expertise and
resources could be used to promote better
relations with the Government and people of
Myanmar. A Rs. 90-crore "gift" to
Myanmar in the form of 160-km Tamu-Kalewa-Kalemyo
road was inaugurated by the External Affairs
Minister, Mr. Jaswant Singh, in the presence of
senior Myanmar Ministers. Built by the Border
Road Organisation over three years, the project
was commissioned and funded entirely by the
Ministry of External Affairs. Though a small
beginning, the road which links the Indian town
to Moreh in Manipur to central Myanmar will soon
connect Mandalay, making it theoretically
possible to drive from the north-east to the
second largest city in Myanmar-Mandalay.
Relations between
two neighbours had cooled following the overthrow
of democracy in Yangoon. But in 1992, the then
Prime Minister, P.V. Narasimha Rao, took a
decision to activate relations with Myanmar which
were in a drift particularly after the Armed
Forces High Command of Myanmar refused to hand
over power to Aung San Suu Kyi.
It is to be
remembered that in the initial period after India
and Myanmar (then Burma) became independent,
Indo-Myanmar relations were very close.
Jawaharlal Nehru had visited Rangoon during
1945-46 and was a strong advocate of Burma's
independence. His relations with Colonel Aung San
- the founding President of Burma and father of
Aung San Suu Kyi - and with the second Prime
Minister, U Nu, were based on their historical
experience against colonial rule and a conviction
about convergence of mutual interests.
Indo-Burmese
relations were negatively affected when General
Ne Win was in power in Rangoon. There was no
break in relations, but they were maintained at
the formal level and there was not too much
economic, political or technological cooperation
in bilateral relations during this period. The
only exception is the strong and vibrant link of
Buddhism remaining unaffected by the
disappearance of democracy from Myanmar.
Another factor
which created distances between the two countries
was the discrimination against people of Indian
origin in Myanmar. Myanmar's refusal to become a
member of the Commonwealth and the Non-Aligned
Movement in its initial stages also contributed
to a lack of depth in Indo-Myanmar relations.
This situation characterised a profound
contradiction in India's relations with one of
its most important neighbours because, in terms
of geo-strategic location, security
considerations, availability of markets and
complementarily of mutual economic needs, India's
relations with Myanmar, should have been
multifaceted and substantial.
The initial
insularity of the Myanmar Government and India's
ideological reservations about military regimes
were at the root of this contradiction. Rajiv
Gandhi tried to resolve this contradiction in the
late Eighties. Some expansion took place in
bilateral trade relations and a beginning was
made in providing some defence supplies to
Myanmar. Things went into a spin again when the
military authorities refused to accept the
electoral verdict of their people in 1990.
In any case, the
V.P. Singh and Chandra Shekar Governments were so
enmeshed in domestic political uncertainties that
they were not able to structure a cohesive
foreign policy with a clear sense of priorities.
It must be underlined that the Government of
Myanmar dealt with India's critical reaction to
their assuming power with sobriety and without
any polemical reactions. Nor did they react to
Indian public and media criticism or our
Government's attitude by doing anything against
India between 1989 and the beginning of 1991.
Important powers
like the US, Britain, Germany and Japan tried to
generate political pressure on the military
regime of Myanmar to give up power to Aung San
Suu Kyi, the leader of the National League for
Democracy. These nations also formally requested
India to join their embassies in Rangoon to
present a formal protest against the military
regime for not respecting the results of the
elections. These countries, however, were
hypocritical in this exercise as they continued
investing in Myanmar, carrying on their export
trade with it while politically opposing the
junta. While India did not join them, it did
convey its disappointment at the negation of
democracy in Myanmar through bilateral diplomatic
channels.
One of the
considerations which influenced India to revive
relations with Myanmar was the latter's
geo-strategic importance for India. Myanmar abuts
on our sensitive northeastern states and portions
of Bangladesh. It shares an equally significant
border with China. Thus, the northern frontiers
of Myanmar constitute a tri-junction with
Bangladesh, China and the eastern frontiers of
India. Myanmar is also an important country lying
on the rim of the Bay of Bengal. The southeastern
coast of Myanmar is close enough to the Nicobar
and Andaman islands. So developments in that
region could affect our security interests in the
Bay of Bengal.
India-Myanmar
cooperation to counter narcotics, insurgency and
security threats to our northeastern states were
acknowledged as imperatives for our foreign
policy. It was equally important to ensure that
Myanmar does not become part of an exclusive area
of influence of other powers in the region with
whom India has uneasy relations (China, for
instance). This is an objective which would
shared by the people and Governments of Myanmar
also, with a view to maintaining their
independence and freedom of options in dealing
with their foreign policy and security concerns.
It was, therefore, considered necessary to
normalise relations with Myanmar regardless of
the kind of government in power there.
The third factor
was a sheer rational one. While India remains
committed to democracy and related values, there
was no reason for India to unilaterally assume
responsibility of creating democracies in other
countries. This had to be the choice and
responsibility of the people of the country
concerned.
Preliminary
discussions were held between New Delhi and the
Myanmar foreign office between February and
August, 1992. I was a participant in these
discussions, which ultimately led to the visit of
the Vice-Foreign Minister of Myanmar, U. Baswe,
to India in August 1992. The Myanmar delegation
made three points during this visit: one, Myanmar
respects India's commitment to democracy and
hopes India would be patient about the revival of
democracy in Myanmar; two, it acknowledged that
security and political concerns existed which are
shared by both countries (and, therefore, it was
willing to cooperate with India in taking joint
action to meet the security and strategic
interests of both countries); three, Myanmar was
willing to increase economic and technological
cooperation with India.
Another issue that
India was anxious about was the increasing
strategic links between Myanmar and China. The
Chinese had already built an all-weather road
from Kunmin in China to Mandalay in Myanmar,
which they were planning to extend to Yangon.
There were also reports of the Myanmar Government
providing some visiting and berthing facilities
to the Chinese navy.
When these points
were raised with the Myanmarese authorities, they
responded by saying that they would be ready to
accept India's assistance in building up the
transportation network in their country. They
indicated that they would like India making the
road from Imphal and Mandalay and then on to
Yangon as a parallel to the Chinese road building
activities. They denied any military facilities
being given to China and added that they would be
willing to give general facilities to the Indian
Navy in their ports and on their coasts.
There have been
visits of Home Secretaries, Drug Controllers and
Ministers of Commerce between the two countries
between 1993 and now. Myanmar joining ASEAN and
ARF over the last five years adds to the
legitimacy of the Myanmar Government in the eyes
of other governments in the region. The visit of
General Maung Aye is, therefore, timely and
contributive to strengthening our bilateral
relations. The visit will increase Indo-Myanmar
cooperation to prevent insurgency along the
sensitive 1,600-kilometre Indo-Myanmar border.
Myanmar has problems with Kachins, and we have
problems with Naga separatists.
Activating
economic and technological cooperation was an
important objective of this visit. If India
speeds up the building up of the
Imphal-Tamu-Kalemayo Road, a true beginning will
be made to consolidate Myanmar as a land bridge
between India and Southeast Asian countries. INAV
|
Why
only tax payers, rope in the entire
nation
for
bearing the cost of natural calamities?
By M.N.
Minocha
The
inevitable was to come. And, it came
barely six days after the country's
worst-ever natural calamity, the
earthquake in Gujarat. The tax shock.
The Union
government, which is scheduled to present
the 2001-2 budget on February 28, decided
on February 1 to promulgate on ordinance
to levy an additional two per cent
surcharge on income-tax on those with an
annual income of Rs. 60,000 and above and
an equal rate of additional surcharge on
corporate tax. This, according to the
government's calculation, will generate
an extra revenue of Rs. 1,300 crore. More
tremor taxes or surcharges are promised
in the forthcoming budget.
Already,
there exists a 15 per cent surcharge on
both the corporate and income tax, levied
ostensibly to cover the cost of Kargil
war. The short-lived Kargil war was over
two years ago. The surcharge was expected
to go at the end of this fiscal. It is
now quite certain that the levy will
continue under the same name or another
head. Thus, the further addition to two
per cent tremor tax will make the total
surcharge to 17 per cent. This will
generate an extra revenue of nearly Rs.
10,000 crore.
However,
nobody still has any clear idea about the
cost of relief and rehabilitation in the
quake-hit Gujarat. The Chief Minister
said it would be about Rs. 10,000 crore.
The Gujarat Chamber of Commerce said,
practically without any basis, it would
be Rs. 25,000 crore. There is no official
estimate as yet. The question of a
central aid can be taken up only after
such a reliable estimate. The liability
of insurance companies, life and general
insurance, will have to be taken into
consideration. Gujarat is the country's
second most industrially prosperous
state, after Maharashtra. Unlike Orissa,
which, not long ago, witnessed the worst
cyclone in memory, Gujarat has the
capacity to absorb at least some
financial shock of the earthquake.
Several business houses have come forward
with financial help, including adoption
of some of the devastated villages or
settlements. They will lessen the central
and the state government's financial
burdens.
The
government could have probably waited
till a proper stock taking of the
situation by its official agency or till
the next budget. Overseas grants are
pouring in. The United States have set up
a relief fund under the initiative of the
former President Bill Clinton. Overseas
Gujaratis and the Gujarati community from
other Indian states are also collecting
funds for the victims of the earthquake.
All these funds cannot be spent
overnight. An ordinance is not going to
lead to an instant tax collection. The
last quarter advance tax is due only on
March 31. This is not all. More tax
threats and call for sacrifice are being
given by senior members of the union
government, the Prime Minister not
excluded. All this would have been
welcome, if the cabinet would have taken
a non-traditional route of raising
resources by involving a much larger
number of citizens in this uphill task of
providing relief to the earthquake-hit
and rebuild Gujarat, and tap the
traditional revenue sources only after
that. Instead, the government chose the
soft option of taxing the existing
assesses, numbering only around two crore
in a country which boasts twenty-crore
middle class spenders and a population of
over 100 crore, to mop up funds for the
earthquake victims.
Difficult
times call for difficult decisions. And,
at this moment, nothing appears to be
more difficult for Prime Minister Atal
Behari Vajpayee and finance minister
Yashwant Sinha than taking a decision on
to what extent they could use the
forthcoming national budget to pay for
the earthquake ravaged Gujarat's
reconstruction cost. The initial reaction
of both the Prime Minister and the
financial minister has been in favour for
a "harsh budget". And, the
ordinance imposing an additional
surcharge on both the corporate tax and
income tax just four weeks before the
budget demonstrates, if anything, a
financial panic and more unpopular fiscal
measures the government may be forced to
resort to in the forthcoming budget.
Although
the immediate concern is Gujarat, which
is also one of the few BJP-ruled states,
the Union cabinet will make a big mistake
if it really resorts to a "harsh
budget". Such a budget, instead of
helping Gujarat recover from the
earthquake, could turn out to be
calamitous to the entire national
economy. Frankly, this is hardly the
right time for a harsh budget. The
situation, on the contrary, demands lower
taxes, larger tax base and more effective
tax compliance. The government's own
administrative spending needs to be
drastically pruned. A rupee saved is a
rupee earned. The government is spending
too much money on administration. A lot
of it is unproductive.
The
reconstruction of Gujarat will not be
possible if the whole national economy
reels under a harsh budget and a plethora
of tremor taxes. Economy has already
slowed down. The second and third quarter
corporate profits are down, forcing
corporates to tighten their belts further
by cutting ad spends, travel expenses,
hotel bills, gifts, discounts, etc.
The stock
market is depressed. More unpleasant
budget surprises for the country's elite
community of 2 crore direct tax payers,
including corporates, to raise large
funds for Gujarat will have serious
impact on the national economy.
Mr. Sinha
cannot ignore the rest of the country and
wider economic issues that this budget
must address to ensure a higher rate of
growth with social justice. The budget
must provide for funds to rebuild the
whole country with special emphasis to
Gujarat. The finance minister must give
his budget a special direction. It must
help build a strong nationwide
communications network - the wide
two-to-four-lane cross country freeways,
which the Prime Minister had announced a
year ago, modern ports and docks,
airports, telecommunications system,
etc., the infrastructure and the core
sector.
The power
situation in the country is going from
bad to worse. Even the national capital,
Delhi is witnessing frequent power cuts.
Not much funds have been invested in new
power plants in the last seven years
since the government went slow in taking
up electricity generation through the
public sector power utilities. A few
private sector units, which has set up
power plants in the last few years, are
robbing the industry and the pubic by
charging very high electricity rates. A
high cost power, along with a high cost
borrowing, will make the country's
economy very high cost and uncompetitive.
Mr. Sinha's forthcoming budget must make
provision and extra-budgetary support to
efficient utilities like the National
Thermal Power Corporation, National
Hydro-electric Power Corporation, Damodar
Valley Corporation and Neyveli Lignite
Corporation. The finance minister would
do well to provide substantial budget
support to the Nuclear Power Corporation
to step up new units to generate atomic
power, which is the cheapest as well as
the cleanest energy for future. Nuclear
power accounts for only three per cent of
the country's total electricity
generation.
The
finance minister must provide sufficient
funds to build a proper social
infrastructure for the country's economic
growth engine to move to the next gear.
The country's social infrastructure has
virtually collapsed because of years of
neglect by successive governments. The
government hospitals and health centres
are in a very bad shape. So are the
public schools, both primary and
secondary. Good community centres and
playgrounds are rare even in districts.
The state of drinking water supply and
sanitation in most parts of the country
is extremely poor. States are breaking
all rules to install all kinds of cheap
pipes, instead of mandatory cast iron
spun pipes for water supply, compromising
the health of the people just to save a
few bucks. The private initiatives in the
area of social infrastructure are highly
commerdy to the tune of over Rs. 7,000
crore. In several states, they get free
electricity to lift water to lubricate
their land. They also benefit almost
every year from the revision of
procurement prices of their products.
This is the season when they are most
flush with funds. Mr. Sinha could show
some courage to introduce at least a
special one-time levy on the incomes of
these farmers.
If these
non-traditional methods are tapped to
raise funds by making the budget a little
harsh on traditional tax dodgers, Mr.
Sinha will have enough funds not only to
meet the government's commitment to
Gujarat reconstruction, but take up the
high cost national infrastructure
programme in the right earnest. Such
investments will bring a tremendous boost
to the economy by way of creating new
employment, generating income, higher
demands for both wage goods and consumer
goods, leading to more production of
goods and services. The fiscal year
2001-2 is also crucial for the
performance record of the National
Democratic Alliance, led by the Bharatiya
Janata Party. A calamity budget, raising
extra levies from existing direct and
indirect tax payers, can let the
opportunity go waste. The NDA will be in
no position to broaden the government's
tax base by taking unpopular decisions
later since that will be too close to the
national election. INAV
|
|
The
people's constitution
By S Joshi
I feel that it is
workable, it is flexible and it is strong enough
to hold the country together both in peace time
and in war-time. Indeed, if I may say so, if
things go wrong under the new Constitution, the
reason will not be that we had a bad
Constitution. What we will have to say is that
Man was vile.''
Thus spoke Dr
Bhimrao Ramji Ambedkar in the Constituent
Assembly on November 4, 1948 while moving
consideration of the Draft Constitution in the
House to finalise and adopt the Draft. Dr
Ambedkar's words hold good even today.
The Union
Government has set up a panel to review the
working of the Constitution and is expected to
look deep into the matter. For the commonalty,
the constitution is a fine piece of legislation.
It has been working well for fifty-one years now.
Under the provisions of our Constitution,
Parliament and in some cases the States, enjoy
adequate control over discretionary powers of the
Executive to ensure that the Executive may not
misuse any provision of the Constitution; and the
federal set-up is working well.
The Founding
Fathers of our Constitution had prepared the
draft after studying all the known Constitutions
of the world. Almost 75 per cent of the source of
our Constitution is the Government of India Act,
1935. The Fundamental Rights part has been taken
from the Constitution of America. An in-depth
debate took place on each and every provision of
the Draft in the Constituent Assembly.
The most
controversial provision of the Draft was Article
277, which is Article 352 in our Constitution,
relating to Emergency. Article 277 was in
accordance with Section 93 of the Government of
India Act, 1935. All sorts of fears were
expressed on this Article. Many members including
Biswanath Das opposed the provision relating to
domestic violence and the power of the Executive
to suspend Fundamental Rights.
But Ambedkar
clarified while replying to the debate that the
Constituent Assembly had adopted the precedent of
the United States of America in that regard and
that the executive would have to function under
Parliamentary control. He stated further that the
fears of the members were unfounded because there
were provisions for adequate Parliamentary
control. Thereafter, Article 277 was adopted with
amendments. Whatever action the Executive has
taken during this period goes well with the
provisions of the Constitution. The Supreme Court
has also upheld such action. Since our
Constitution is ''workable and flexible'', the
provisions, under which the emergency was
proclaimed in 1975, were suitably amended in 1979
by the Constitution (Forty-fourth Amendment) Act.
Successful working of our Constitution has been
reinforced from time to time because there are
strong safeguards in our Constitution against
misuse of any provision. The executive has to
obtain Parliament's approval for giving effect to
the provisions of the Constitution.
As regards Article
356 relating to President's rule in a state, the
provisions are very clear. If the Presidential
proclamation is approved by both Houses within
two months, it is alright.
Failing that it
has to be revoked by a subsequent proclamation
under Article 356 (2). It is well-known that when
a Presidential proclamation under Article 356 was
issued in view of the failure of the
Constitutional machinery in Bihar, the party in
power at the centre did not enjoy majority in
Rajya Sabha. Hence, the proclamation had to be
revoked.
Further, the
Supreme Court has already upheld the use of
Article 356. When the Janata Party came to power
at the Centre in March, 1977, Legislative
Assemblies of nine states were dissolved by
Presidential proclamation under Article 356.
Then the States of
Bihar, Himachal Pradesh, Madhya Pradesh, Orissa,
Punjab and Rajasthan filed writ petitions against
the Presidential proclamation in the Supreme
Court. A seven-member bench headed by Mr Justice
M H Beg gave its unanimous verdict on April 29,
1977 rejecting the writ petitions and upheld the
dissolution of these States. Another fine and
strong safeguard of the Constitution is that if
the Constitution is to be amended under Article
368 in respect of some provisions of the statute,
then the bill making amendment should be passed
in each House by not less than two-thirds of the
members of the House present and voting. The bill
should also be ratified by the Legislatures of
not less than one half of the States.
And, lastly, ours
is a federal set-up. Part XI of the Constitution
from Articles 245 to 263 devotes to Centre-State
relations. The states enjoy full administrative,
legislative and judicial powers.
Yet there are
certain subjects listed in the Concurrent List of
the Seventh Schedule that expect cordial
relations between the Centre and the States.
States are supposed to comply with the Centre's
directions. If some States fail in complying with
or giving effect to the Centre's directions, then
under Article 365 ''it shall be lawful for the
President to hold that a situation has arisen in
which the government of the State cannot be
carried on in accordance with the provisions of
this Constitution.''
PTI Feature
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