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?

NPP invite to all to participate in discussion on reorganization of J&K & amendment in Article 370

Prof.Bhim Singh, Chief Patron of National Panthers Party, Shri Harsh Dev Singh, Chairman & Shri Balwant Singh Mankotia, President and its leadership has made a strong appeal to the Panthers Party activists, members of the civil society, members of the working class groups, youth and student organizations and all others to participate in a thrilling debate/discussion being organized by the NPP at its Sudhmahadev National Integration Camp on 2nd June, 2015 at Sudhmahadev at 11.00 a.m. The discussion shall be opened to all irrespective of party affiliation.

            The first camp was organized by Prof.Bhim Singh in 1977, the then Chenani MLA. There has been a major participation of intellectuals, youth, students from all over the country in the following NIC camp at Sudhmahadev.

            Several prominent persons who participated from different disciplines of the society included K.S. Madhukar, D.C. Prashant, several former Members of Parliament and Ministers from different states. In 1978, it was Sudhmahadev where a unanimous resolution adopted declared that Ultimate Revolution was the only way to lay the foundation of the struggle for justice and equity for all. This was the place where it was decided by several social and political activists to fight unitedly for the inclusion of Dogri language in the 8th Schedule of the Constitution of India.

            During the militancy from 1991 to 1996 it was Sudhmahadev which continued organizing NIC camps with active and full participation of all the communities and people from different walks of life. Sudhmahadev continued sending its message of love and human dignity to all.

            These were Panthers Party legislators who laid the foundation of a Community Hall in Sudhmahadev and got a Higher Secondary School as per desire of the local people. It was Prof.Bhim Singh as an MLA of Chenani-Ghordi who got Chenani Block elevated into a Tehsil status with a seat of a Munsif Court. New Police Stations were added, several schools were built, a circular road was extended from Chenani to Ramnagar via Mantalai, Dudu-Basantgarh. This was the major contribution of Shri Harsh Dev Singh representing Ramnagar Constituency as its MLA.

            Prof.Bhim Singh has taken up a challenge for building a tourism center on the national scale in the Sudhmahadev sector which include Mantalai, Kud, Lati and other adjoining areas.

            Prof.Bhim Singh has made a compassionate appeal to the artists and intellectuals to participate in the cultural programme being organized on the evening of 1st June, 2nd June and 3rdJune.

            The Panthers Party shall also be organizing a free lungar opened to all as usual.


Bhim Singh prophesied Bihar to be next Kurukshetra for 21st century Mahabharata

A mammoth jayanti rally was held in Kosi (Bihar) by the friends of Mr. Anand Mohan Singh Ex-MP and Founder of Bihar People Party yesterday, late in the evening, in memory of Maharana Pratap Singh and Bhama Shah where Prof. Bhim Singh, Chief Patron of National Panthers Party was invited as the Chief Guest.
Several sitting and ex-Legislators, Ministers, MPs and political activists from several parties participated. Several political leaders/Legislators from several states are also participated. Friends of Anand Mohan is a strong movement in Bihar against exploitation, injustice and for human rights. Anand Mohan is undergoing life imprisonment in jail. Several senior advocates including Ram Jethmalani and Prof. Bhim Singh are fighting his case.
Prof. Bhim Singh described Maharana Pratap Singh as one of the greatest freedom fighters who 500 years back started his fight who started war for the freedom of Bharat from the Mughal Empires.
Prof. Bhim Singh said that the present politicians and the rulers in the country should take a lesson from Maharana Pratap Singh to uphold the dignity, honour and integrity of Bharat which stands threatened because of corruption, communalism and injustice committed by the great politicians who have been robbing the country for years.
Prof. Bhim Singh prophesied that the coming Mahabharata shall start from Bihar this time. He said that mini-Mahabharata could not be accomplished by Jai Prakash Narayan because of several sectors. He said that both Jammu and Kashmir and the North-East are passing through a dangerous period because for the failure of the Indian Parliament.
He appreciated Mr. Anand Mohan and his wife Lovely Anand who played a very positive role during their tenure as Member of Parliament to ensure the extension of the power of Parliament to make laws on Jammu and Kashmir. He said that J&K needs Maharana Pratap Singh to fight the Mughal Darbur of Delhi today.