Uttarakhand Row Likely to Keep the Govt on Its Toes in Parliament

It’s will be an all out war between the NDA government and Congress over the Uttarakhand row in Parliament.

It is ironic that just before the Modi government used Article 356 to dismiss two Congress chief ministers in quick succession, Finance Minister Arun Jaitley had declared in Parliament that this contentious clause for the imposition of President’s Rule was a non-issue in today’s era of cooperative federalism.

“These days, the fears of Article 356 being violated repeatedly or repeatedly being used against the states have disappeared,’’ he said during last November’s two-day debate to celebrate the Indian Constitution. He gave three reasons for it: the role of the judiciary, the emergence of regional parties as players in the central government and the realisation that the misuse of the clause is counterproductive.

His grand pronouncement may well come back to bite him and the BJP when Parliament reconvenes to complete the budgetary process. The Uttarakhand crisis and flowing from it, the larger issue of President’s Rule and its misuse, are likely to dominate proceedings, overshadowing the budget debate and further delaying movement on economic reforms measures like GST.

Uttarakhand Likely to Play Spoilsport

• The apex court in its forthcoming hearing on 27 April may widen its ambit to take into consideration the broader aspect of Article 356.
  
• Demand for adherence to the Bommai Judgement is likely to reverberate in Parliament.
  
• The Uttarakhand row will echo especially in the Rajya Sabha where regional parties are in majority.
  
• BJP to have a tough time with allies like Shiv Sena, who are already hitting out at the Modi government.
  

Congress Draws Battle Lines

The Congress has already submitted a notice in the Rajya Sabha for a resolution condemning the Modi government for trying to “destabilise’’ democratically elected state governments. While Uttarakhand, as also Arunachal Pradesh, may be the starting point, any debate on Article 356 has to go beyond the immediate crises. It must seek to draw firm red lines for the future use of a provision that was envisaged to be used only in emergency situations. This is important to safeguard federal politics and reaffirm the centrality of centre-state relations as the bedrock of our democratic structure.

Significantly, the political battle in Parliament will take place before the legal one. The Supreme Court is scheduled to hear the Uttarakhand matter only on Wednesday, two days after Parliament opens. The political signals that emerge from the debate in Parliament are, therefore, critical.

While the apex court will obviously look at specific legal questions arising from developments leading to President’s Rule in Uttarakhand, it may well widen its ambit to take in the broader constitutional and political spirit of Article 356. This is likely because the Supreme Court is simultaneously hearing a Congress petition challenging the dismissal of its government in Arunachal Pradesh earlier this year. Consequently, this clause has again taken centre-state, both as a legal issue and as a political one.

Bommai Judgement Likely to Reverberate

Regional parties are hoping that the Supreme Court will use this opportunity to reaffirm the provisions of the 1994 Bommai Judgement as the only yardstick for the use of Article 356. The judgement states that a test of strength on the floor in the state assembly is a necessary precursor to the imposition of President’s Rule.

The demand for a reaffirmation of the principles outlined in the Bommai Judgement is likely to reverberate in Parliament, especially in the Rajya Sabha where regional parties have a solid combined strength. The misuse of Article 356 has always been a sore point with them because they have borne the brunt of Delhi’s bullying over the years. It will be interesting to see whether regional parties are able to force a no-use commitment from the two national parties, the BJP and the Congress, on Article 356.

The debate in the Rajya Sabha may well see some strange twists and turns. The BJP and the Congress would obviously like to limit the discussion to Uttarakhand and use it to score brownie points. The blinkered approach is driven by obvious electoral compulsions. Whether or not President’s Rule is revoked, the state is headed for elections, latest by next February. Parliament will provide a forum for them to kick off their poll campaign.

Demand to Strengthen Federalism

Regional parties, on the other hand, can be expected to widen the scope of the discussion and push the two national parties to take a stand on the Bommai Judgement and Article 356. There will be embarrassing moments for the BJP because allies like the Shiv Sena have already hit out at the Modi government. The Sena mouthpiece Saamna slammed the centre and said the Uttarakhand controversy had insulted the position and prestige of the President. 

The impending storm in Parliament will see an interesting tussle with the demand to strengthen federalism once again taking centre-stage to reset equations between the two national parties, and the growing brood of regional ones.

(The writer is a Delhi-based senior journalist)

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