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Journalism of Courage
BJP Chief Minister Kalyan Singh8217;s victory in Thursday8217;s trial of strength in the UP Assembly was a foregone conclusion. As events in the last few days have conclusively proved, Jagdambika Pal was no match for the BJP leader, who is a true practitioner of realpolitik. In the grotesque situation that prevailed in the State, it would not have been a surprise if Pal himself had joined hands with Singh. While the Chief Minister is entitled to some satisfaction in that he could square up to his detractors, the victory hardly redounds to his credit.
The manner in which the Speaker has been delaying a decision on the 12 BSP legislators who crossed the floor and would have thereby invited the harsh provisions of the anti-defection law, and the safe custody in which some of the doubtful MLAs were kept for two days did not show Singh or his party in a good light. Nonetheless, the vote should be seen as a watershed in the country8217;s legislative history. It is, perhaps, the first time that the judiciary had directed howa Legislative Assembly should conduct its business on a particular issue. Of course, the House and its honourable8217; members have only themselves to blame for the shameful incidents that led to the dismissal of one ministry and the installation of another virtually under cover of darkness.
Unfortunately, such lofty considerations no longer govern the conduct of some of the constitutional functionaries. It is small wonder that while enforcing the court8217;s order for a composite floor test8217;, voting became a secret affair depriving the people of Uttar Pradesh of a chance to know who supports the government and who does not. The secrecy will only enable the Naresh Agarwals to continue making their private deals.
It is gratifying that the apex court has refused to intervene in the defection case pending with the UP Speaker. But if he dilly-dallies, a stage will come when the court8217;s intervention will become unavoidable. Thereafter it will be pointless to blame judicial activism for making a foray into the legislative domain. Those entrusted with constitutional responsibilities should remember that the courts will intervene only when they themselves fail to discharge their duties. Theincidents in Uttar Pradesh should serve as a warning to all those concerned with maintaining the delicate balance of power envisaged by the Constitution.
