
Sometimes I wonder whether the BJP, then Jana Sangh, fought against the Emergency because it wanted to defend democratic institutions or because it was keen to be a part of Jayaprakash Narayan8217;s movement to win legitimacy for itself. During its rule of four and a half years, there is very little evidence from which one can surmise that when it comes to institutions, the BJP does not think of party interests or cheap gimmicks, that it can rise above them to be on the side of the constitution.
The BJP-led government has created an odd situation. The government has referred to the Supreme Court the Election Commission8217;s decision to defer the Gujarat polls. But more on that later. First let me tell you about the to-do over the proposed elevation of Kerala Chief Justice Sri Krishna. The chief justice and the four most senior judges constitute the collegium for the appointment of judges. The government comes into the picture only as a channel through which the recommendation is routed to the President of India. Though the government cannot stop the appointments, it can drag the matter on for quite some time if it wants to play mischief. This goes against the spirit of the constitution.
Coming to Gujarat, I do not know how many more sins the party is going to commit in the name of that state. It was an example of open partisanship when the BJP-led government in New Delhi did not impose Central rule after the breakdown of the law and order machinery in the state. Prime Minister Atal Bihari Vajpayee commented that there can be no place for such violence in a civilised society. Yet, the BJP shielded Chief Minister Narendra Modi. Again, the Vajpayee government gave an undertaking to look after the relief and rehabilitation of the riot victims. But the National Human Rights Commission has said the promise has remained only on paper. I could see in the Rajya Sabha where the commitment was made that the government was only doing so because it had been caught on the wrong foot. The constitutional responsibility should have evoked more sensitivity in ruling party members but as one can infer from the reports by the Election Commission and NGOs, the work of rehabilitation is far from complete.
In the same way, for Modi8217;s sake, the BJP has attacked an institution like the Election Commission, which is a product of the constitution. The BJP started running down the commission even before it could decide on the state8217;s request to hold early elections. It is unfortunate that it was former Law Minister Arun Jaitley who fired the first shot. Jaitley, now the BJP spokesman, said that the commission should concentrate only on holding elections. He sounded like a schoolmaster telling his pupils to do their homework.
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The BJP-led government has also unnecessarily dragged the office of the president into the controversy over the Gujarat elections |
As if that was not bad enough, the BJP8217;s top leaders like L.K. Advani violently attacked the EC after it said the climate was not conducive for the polls. According to Advani, the EC8217;s job is to hold elections and not to stop them. Is this a reminder or a veiled threat? Coming as it does from India8217;s Deputy Prime Minister, how will others connected with key institutions take it? Even Gujarat governor Sundar Singh Bhandari, who is the custodian of the constitution in the state, has joined the chorus that the conditions are favourable for holding elections. The fact that he was once an RSS pracharak does not mean that he should compromise the position he holds at present in this way.
The manner in which the caretaker chief minister has announced the yatra, which was cancelled earlier in view of the critical communal situation in Gujarat, once again proves that the BJP wants to come back to power on a wave of hatred and bigotry. The party is trying to institutionalise the communalisation of the polity. And the nation must see that this does not happen 8212; it is against the country8217;s ethos. That the Election Commission has stood up to the pressure speaks volumes about the members and the institution they serve. Such examples sustain hope in the country8217;s tottering system. How is the commission supposed to act when it feels that there is so much fear in the state that it is not possible to have a free and fair election? What could Chief Election Commissioner J.M. Lyngdoh say except that 8216;8216;politicians have the freedom to do what they want?8217;8217;
The BJP-led government has also unnecessarily dragged the office of the president in the controversy over the Gujarat elections. After the cabinet8217;s resolution, he was bound to seek the Supreme Court8217;s opinion. But was it necessary to go over this exercise? All governments should keep in view the dignity of the country they rule. The BJP is setting a bad precedent. A democratic polity is dependent on the independence of important institutions. Once the government starts questioning their decisions, their authority gets eroded.