Friday, November 29, 2019

On a day that was celebrated as “constitution Day”, the murky power politics in Maharashtra reminded the nation of serious challenges, to the core constitutional values and independence of the sacred institutions. However, the day also brought hope as SC stepped in to order floor test through an open ballot. Had the apex court not fixed the floor test and allowed the same to be conducted on 30th November, as fixed by the Governor, BJP in Maharashtra could have mobilised the support leisurely by all types of unfair means and won the trust vote. But on the 70th anniversary of the constitution, Maharashtra muddle-marked by an unabashed mockery of the constitution provides an occasion for introspection and assessment of the actions of constitutional heads and how they have consistently toed the line of the ruling establishment at the cost of fairness and democracy.
Is the Maharashtra Mahabharata another circus of convenience, an act that has been played out in many states in the past? But there was a deliberate difference. Earlier outfits would split, MLAs would resign, to join the ruling -all in the public eye while following the established procedures of going through motions. In Maharashtra the Governor held midnight meetings to decide its fate, accepted the letter from leader, and not his party, and completed all formal ties before the sun rose, while in Delhi, President, PM, HM, Principal Secretary to PM, Secretary to President, Home Secretary, and scores of senior officials were up in the middle of the night to sign the dotted document required to make Fadnavis the CM and Pawar DyCM. In this case, we saw all provisions and expectations of the constitution flouted and trampled on, by all constitutional authorities. Governor of Maharashtra willingly allowed himself to be lied to and accepted signatures of newly elected NCP MLAs, on sheets of paper attached to Pawar’s support letter. Common sense would have told Governor that while some support to Pawar was possible, all was impossible. Our Honourable PM used a rarely used provision to be used during war or Financial Emergency to facilitate the daybreak coup.
What we have witnessed in these past weeks in Maharashtra is a complete collapse of the notion of politics being about a vision for a better future and what is best for the people. Instead, we saw a sordid drama played out in five-star hotels in Bombay, with money replacing vision and ideas, on the day of the constitution.
It’s not out of place to mention that there have been innumerable cases of misuse of constitutional machinery even earlier also but they must have resorted to that not immediately after a term, over 55 years they must have done, but now just after 5 years in power, they are resorting to this type cheap gimmicks.
The constitution is not just a manual for the government, but also represents the soul of India. Therefore there is a need for sweeping reforms to clean up the mess in our electoral system. The SC must give clear guidelines on government formation in case of fractured verdicts, given the frequency of disputes in this regard. That would restrain Rajbhavans from using undue discretion and political parties from bending rules with the help of pliable institutions.