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By: S R Ramanujan
March 16, 2005
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The grand old man of the Red brigade is too angry for his age. He doesn’t
care for anyone, either for the ‘sarkar’ which survives on his party’s
barking support or for the Opposition though he is supposed to be neutral
when he holds the position of the Speaker of the Lok Sabha. A committed
communist that he is for several decades, there was a lingering doubt
whether the great parliamentarian Somnath Chatterjee will be able to hold
the scales even when the choice fell on him to be the custodian of Lok
Sabha, its prestige and dignity as the supreme forum of the people of this
country. There were quite a few occasions in the last nine months that he
was occupying the chair, when this nagging doubt gave room for an
uncomfortable feeling that his ideological commitment gets the better of
him.
His equation with the main Opposition in the Lok Sabha both inside and
outside the House was not as smooth as it should be. On several occasions,
NDA partners, rightly or wrongly, had to cross swords with him over the
manner he dealt with them. At one stage, Somnathda went to the extent of
saying quits. He said he would rather face the Chair rather than occupying
the Chair. To be fair to him, he can’t be otherwise because of his
unflinching loyalty to his political ideology. Can we imagine Balasaheb
Thackeray to be in that Chair and be fair to everyone? If Thackeray is
considered a “communal fundamentalist”, Somnathada is a “secular
fundamentalist”. By nature, communists of any brand are uncompromising,
self-righteous and suffer from an extreme intolerance of other political
thoughts. They think that they are the sole custodians of political
correctness.
It is in this background we have to understand the anger of Somnathda and
his red brigade over the Supreme Court directives to the Jharkand governor
and speaker on the composite floor test to be taken in the Jharkand
legislative assembly. The former chief minister of W Bengal, Jyoti Basu
was no less sparing of the highest court of the land. He blurted: “Who are
they (the court)?” “I will go to Delhi and find out. The Court is saying
who will vote, who will not. It is also deciding about the timing of
voting. This has never happened before”. This was the tone and tenor of
the outbursts of most communist leaders on the issue. For example, CPI
leader Suravaram Sudharkar Reddy lambasted the Court saying that the SC
had no business to interfere in the affairs of the legislature.
The Left’s aversion for judiciary is not something new. When the Calcutta
High Court banned rallies and processions during specified hours on
weekdays in Kolkatta, the CPI-M said: “judiciary is not above politics”.
The party also gave an unsolicited advice to the court saying it (court)
should ensure that it performed its role to protect people’s democratic
rights. It wanted to seek both legal and extra-legal means to fight out
the order. The result was it directed its cadre to defy the court orders.
This is only applicable to cases where they believe “democratic rights” of
the people are trampled upon. When it comes to Ayodhya where people’s
faith is involved, everyone has to abide by the judicial verdict though it
may drag on for decades. Judiciary can decide on historical realities and
people have to accept it even if it militates against their faith. What
was the stand of the Left when the Supreme court gave a landmark verdict
on the right to strike. It wanted a review of the judgement.
Coming back to the Speaker’s stand on the Jharkand controversy, let us
look at the timeline which might give a clue to his impatience and anger
in taking on the judiciary which is not expected from a constitutional
authority like the Speaker of the Lok Sabha.
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March 9: The Supreme Court orders composite floor test on March 11.
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March 10: Speaker convenes an all-party meeting; most of the parties do
not even know the agenda. When it was known that the Speaker wants the govt to go for a Presidential reference, BJP walks out. Since every party
was taken unawares by Speaker’s move, the ruling party, on second
thoughts, backs out on the Presidential reference.
-
March 11: Peeved over the Government’s decision to take the middle path
and avert confrontation with the judiciary, Somnthda, in his capacity as
President of the Presiding Officers Conference convenes Speakers Meet on
March 20 to articulate a response to the court’s directive which, in his
view, encroached on the powers of the legislature and made a mockery of
separation of powers. He did not even wait to know what happened in the
Jharkand assembly where theUPA members, almost leading to a constitutional
crisis, defied the SC directive. At midnight, thanks to the Centre’s
intervention, a major crisis was averted.
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March 13: In an exclusive interview to a national daily, Somnathda gave
vent to his anger thus: “Will the judiciary send police to control
disturbance in the Assembly? Will it send lawyers as observers to watch
the proceedings? Is all this possible? What is the meaning of this order?
My understanding is that the Supreme Court has no role in dictating all
this and an order that relates to all this has certainly disturbed my
conscience…”
Besides the language of a constitutional authority against another
especially the Apex court which is the final authority in interpreting law
and the constitution, his “disturbed conscience” should also find answers
for the following questions:
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As the President of the Presiding Officers Conference, what did he
think of the action of the Goa Speakers (both BJP and Congress speakers)
when they made a mockery of democracy?
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What was his reaction when the UPA members of the Jharkand assembly did
not allow the confidence vote to take place in defiance of the court
directive?
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How did he react to the action of the pro-tem speaker of the Jharkand
assembly?
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What happened to his conscience when the Governors of Goa and Jharkand
threw to winds all elementary democratic norms and functioned as puppets
of the ruling party?
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While many speakers of legislatures acted as collaborators in violating
the Constitution and made a mockery of anti-defection law, did he raise
his voice?
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Did he think of convening a Speakers’ Meet when legislators converted
various assemblies into a boxing bout?
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Did he make even a feeble noise when his party’s ally in Bihar and
Railway Minister gave a damn to the Lok Sabha when he failed to report to
the House after the Punjab train accident, instead preferred to rush to
Patna for political activity?
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When the Governors and Speakers do not act according to the
Constitution, who should correct the anomaly and who should restore
constitutional balance?
Why does the Speaker’s conscience prick him now when it did not bother him
all these days? Yes, there is a reason for Somnathda’s anger and that is
where his commitment to ideology becomes thicker than his constitutional
position. More than UPA, it was the Left which could not stomach the upset
for the so-called “secular” forces in the elections to the Bihar and
Jharkand Assemblies. After seeing the Lok Sabha poll performance last year
by RJD and JMM, it was taken for granted that it was going to be a clean
sweep for both these parties and there was no chance of NDA, notably the
BJP, showing any signs of comeback. Let us not forget the fact that the
Left parties are allies of the RJD in Bihar for the February polls. For
the Left, family misrule of the RJD comprising of kidnappers,
extortionists, murderers and thugs is acceptable than governance by
“communal” forces. In fact, the Left tried to interpret the results as a
vote for “secular forces” and President’s rule was not to its liking.
Atleast in Jharkand, Sonia’s advisers and the Left wanted to prevent NDA’s
return to power by hook or by crook. And the Supreme Court came in the way
with a bang. The Court’s observations were too strong to be taken lightly
by any lovers of democracy. So, the anger was directed against the Court
for facilitating the return of “communal forces”.
But you need a mask. And the mask is the need to protect the Constitution
that clearly demarcates powers between the legislature, judiciary and the
executive. Hence, the Speakers’ Meet, though most of the political parties
and their legislators are not too keen on it and what will come out of the
meet, as and when it is held, is a big question mark.
S R Ramanujan
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Previous
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S R Ramanujan
BJP protests too much
July 11, 2004
All roads lead to villages July
03, 2004
Power centers and Power
brokers June 24, 2004
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