President’s Rule in Uttarakhand, massacre of Constitution!

The norms and the principles laid down in the Constitution have been betrayed by the men who matter in the North & South Blocks, New Delhi. Uttarakhand episode shall be a living example how the mandate of the Constitution and rule of law has been hijacked by the South Block with an intention to grab power by hook or crook in a state governed by the political party other than the BJP. What happened in Uttarakhand governed by the Congress party needs an objective analysis by the legal Pundits who have been watching performance of the Modi government at the Centre.

Firstly, this is important to have a look into the composition of the political parties inside the Legislative Assembly of Uttarakhand. The Assembly has 70 elected Members. One MLA is nominated from the Anglo-Indian community in the State. The total number was 71. The Congress had 36 MLAs and naturally the government was run by the Congress Party under the leadership of Shri Harish Rawat, a veteran and honest leader of the party. The BJP’s masters in Delhi conspired to topple the government in the Himalayan States for the reasons to expand their RSS bases. Assam is going to the polls. Manipur is in trouble. Uttarakhand has faced the wrath of Modi rule in the Centre. Assembly elections were due after about 12 months in Uttarakhand but the BJP was in a hurry to topple Harish government so that the Assembly election could be held under Modi rule for the reasons which need not any explanation at this moment.

          This is pertinent to understand the logic and the parameters defined in Article 356 of the Indian Constitution to impose President’s Rule in any state, the President needs subjective satisfaction before he shall dislodge a state government under Article 356. There are instances when the President may intervene under this Article. If there is external aggression or internal disturbance and the state government is not capable to carry on in accordance with the provision of the Indian Constitution. This is mandatory that the President should be satisfied that a government in the state concern cannot be carried on in accordance with the provisions of the Constitution. It is only after the subjective satisfaction of the President that he can impose President’s Rule in a state. In the present case, there was no emergency involved in the state. There was no law and order problem. The government was running perfectely in accordance with the legal jurisprudence essential for a government to function. The Governor of the State has also fixed March 28 for the Legislative Assembly to test whether Mr. Harish Rawat/Congress Party enjoy majority in the Assembly. A Division Bench of the High Court could not be justified in postponing date of majority test which was fixed by an appropriate/ constitutional authority the Governor of the State. This decision of the High Court of Uttarakhand suffers from justiciability. The President should have overruled the faulty order of the High Court and allowed the sitting of the House as per decision of the Governor of the State.                                                                    

To implement Modi’s policy to dislodge secular governments in the States, it managed to buy 9 MLAs of the Congress Party with an intention to take over power in the Himalayan State where Panduvas ruled nearly 5000 years back. The first blunder which the leadership under Prime Minister Modi committed was an utter violation of the Defection Law. Nine MLAs could not be rescued under any imaginative stance of legal norms and the Defection Law. It was not a split. Not even 1/3rd MLAs could be bought or lured by the Modi power or money. Nine MLAs could not be defended under any legal norms or rule. It was only Modi rule that defended them. The Speaker of the Legislative Assembly, Mr. Govind Singh Kunjwal was fully competent and absolutely empowered under the Defection Law enacted by the Parliament (applicable to the State of Uttarakhand except J&K) to expell the nine defecting MLAs from the Legislative Assembly. This Order of the Speaker could be challenged before High Court but there is no legal authority with the High Court to restore the status of the disqualified 9 MLAs.

The present status in the Assembly has to be viewed with clear spectrum of constitutional mandate. There are (71-9 MLAs = 62). The Chief Minister, Shri Harish Rawat needs 62/2 +1  = 32. The Governor had fixed floor test on March 28, 2016 to decide whether Shri Harish Rawat enjoyed the majority. One MLA is nominated from the Anglo-Indian community namely Mr. Russel Valentine Gardener who has no voting right which is settled rule in the business of Parliament. That shows that Shri Harish Rawat needed only 31 MLAs to prove his majority, in the Assembly. Shri Harish Rawat has 27 sitting MLAs and support of 6 other MLAs from small groups etc. Shri Harish Rawat therefore has on this day, 1st April, 2016, 33 MLAs. The Speaker being the Presiding Officer holds the mandate to decide the issues within the Legislative Assembly in respect of the proceedings within the Assembly. This is settled law.

The legality of the declared to adjourn the Assembly session on 28th March was illegal and malafide, a Division Bench of the Uttarakhand High Court is not only under question but cannot be accepted by any measures or the scope of the Constitution. The High Court could not have deferred the floor test from March 28 to another day after a week. This Order of the High Court could not be justified by any stretch of the imagination as it violated the principles of natural justice, rule of law and even the credibility of the judicial standards. The Congress leaders had erred in the first instance to go to the High Court which is far away from Dehradun and located in a difficult terrain in Nainital. Secondly, the Congress legal barons should have consulted the leading men in profession like Shri K.Venugopal and Shri Ram Jethmalani. The Congress legal advisors failed to comprehend the situation which was being directly monitored by Shri Narendra Modi, the super man, in the Central government. This matter may come next week before the Supreme Court on a petition filed by Shri M.L. Sharma, Advocate which has questioned the Presidential Proclamation which was imposed in Uttarakhand. The Supreme Court may consider the issues which have emerged following the Uttarakhand episode. Yet the important point of law shall remain unanswered how Uttarakhand was placed under President’s Rule, once the Governor of the State had directed to hold Assembly session to give an opportunity to Shri Harish Rawat to prove his majority on March 28. S.R. Bommai’s decision of the Supreme Court of March 11, 1994 has been squeezed by a Division Bench of the High Court of Uttarakhand by overruling the decision of the Governor of the State to hold Assembly session on March 28. This is mockery of the law and betrayal of the mandate of the Constitution of India. Can Prime Minister Modi defend himself in the present case of Uttarakhand?

Modi Govt. Budget a fraud on wretched of the earth

Reacting on the Union Budget of BJP government at the Centre, Prof.Bhim Singh, Chief Patron of National Panthers Party holding Masters Degree in Law from London University described the Modi government budget as a fraud on the wretched of earth that exceed 50% of the population of India today. He said that India achieved freedom 69 years back. Its’ economy was focused only on the urban areas and cities whereas more than half of the population living in the rural areas was neglected. Education can be one example as more than 60% people, Indian citizens have remained illiterate till date. 80% of the farmers have been farming on the land which is dependent only on rain. Prof.Bhim Singh said that the present budget has been floated only with the help of computers and imagination without considering the economic standards and educational background of the people living in the rural areas. Prof.Bhim Singh that health and education sectors dealing with the rural areas has completely been ignored for the simple reason that the present rulers have no sense of imagination about the rural life and their necessities.

Prof.Bhim Singh said that 60% of the people in the villages are illiterate after six decades of independence. The economy is controlled by about 10% people who have monopolized the entire business and trade besides controlling the Parliament. Prof.Bhim Singh described the NDA budget as non-dependable accounts, which deals only with the upper class and to some extent with the middle class.

Prof.Bhim Singh said that the present government functionaries are share holder in all trading and business houses with the result more than half of the population in India is deprived of the benefit of the monopoly, business and trading houses in India.

Prof.Bhim Singh said that the present budget has nothing to offer to the wretched of the earth, the begging boys and girls on the streets, the neglected people in the rural areas. There is no clean drinking water for the wretched of earth. The society has been vertically divided between 10 to 15 percent and plus 60% of the population. 60% of the population has been living without medical care, school education even without reasonable clothing and houses. The picture which Modi budget has projected is not the real picture of India.

Prof.Bhim Singh said that jugglery of taxes, its relation with the hoarding and black money is the greatest tragedy for the 80% people of India who have been living in a state of affairs which is no better than the living of cattle in the country. He asked the great parliamentarians to study the facilities offered to a patient in a hospital managed by Delhi Administration as compare to a hospital managed by the business houses in Delhi itself.

Prof.Bhim Singh asked the Members of Parliament who represent the people of this country to answer what planning or schemes have been evolved in the country to eradicate poverty?

What is the programme, planning and scientific strategy to eradicate poverty and provide uniform education to every child in the educational institutions. What is the strategy to provide similar and equal facilities to the patients in every hospital in the country. The main question which the people of this country are going to ask the political leadership is how long shall the Parliament take to spread literacy throughout the country and provide free health care to every citizen besides reasonable work/job to every citizen to help him earn his living and live with honour and dignity. This was the concept of socialist republic of India.

Prof.Bhim Singh has invited any Parliamentarian or a leader of any political party to join in an open debate on the fraud being committed on the majority of citizens of this country through the budgetary manipulation. This is the budget which is meant for the privileged and capitalists society to enable them to rob the under-privileged people in this country who constitute more than 60% of its population.

NPP condemn Brussels attack on humanity

The Panthers Party Session held on its 34th Foundation Anniversary at Dogra Hall, Jammu condemned the attack on innocent people in Brussels, Belgium yesterday and conveyed heartfelt condolences to the families of those who were killed in attack.

Prof. Bhim Singh called on the youth of the world to join hands and voice against all forms of terrorism in the world.  He said that violence cannot be accepted and deserves to be condemned by all.

Nearly five thousands activists of the Panthers Party gathered in the session condemned Brussels attack against humanity and called on UN to constitute a peace committee to denounce all forms of violence.