Editorial...

SC verdict on Bihar
A slap on UPA's face

We have in the country people who on getting a severe slap on their face present a brave face in public, smilingly. "It was not in anger or as punishment, but a pamper of love on the face", they would declare brazenly. And that seems to have been the case with the Congress in the historic Supreme Court judgment on its murdering democracy in Bihar.

The Supreme Court has unequivocally declared in no uncertain terms that the dissolution of the Bihar Assembly on the recommendations of the Bihar Government by the UPA government "is unconstitutional" Now UPA is running for cover.

The political malafides of the UPA government were apparent from the day one. The only difference was that it did not have the moral courage to admit it. That is why it was left to the highest court of the country to tell on its face that its "proclamation of May 23 dissolving the assembly is unconstitutional". It clearly means that whatever justification the UPA government, its appointee Bihar Governor Buta Singh or other individual partners, particularly the RJD under whose pressure this was done to prevent the NDA chief ministerial candidate, Shri Nitish Kumar, from presenting his claim to form a popular government, the Hon'ble Supreme Court (SC) did not find it worth believing. The SC verdict is a clear slap on the face of the Congress-led UPA and its mentor Mrs. Sonia Gandhi who always took pride in such constitutional misadventures..

The Congress has never displayed its love and respect for the word and spirit of the Constitution since its adoption. More than a hundred times has the Congress governments at the Centre misused Article 356 of the Constitution to destabilise non-Congress governments. Mrs. Indira Gandhi even went to the extent to imposing President's rule just to get rid of an inconvenient Congress Chief Minister of UP, the late Shri H. N. Bahuguna, although the party enjoyed an overwhelming majority in the house. It was under these circumstances that some people commented that for the Congress Constitution is a duster to wash its sins and to promote its narrow political ends. Even though the Supreme Court in the famous SR Bommai case held that the place to ascertain the majority or otherwise of a chief minister is not the Raj Bhawan, but the floor of the assembly and the Sarkaria Commission too made a similar recommendation, yet the Congress cares a fig for such constitutional niceties or demands of ethics and morality.

The record of the present UPA government functioning under the guidance, patronage and inspiration of Mrs. Sonia Gandhi is all the more dirty. The instances of the misuse of the constitutional office of governor to promote its political interests during the past sixteen months has exposed the reality that the intention behind removing NDA appointed governors and appointing in their place its own faithful and obedient persons who should be able to understand the language of their frown and smile. was not the ideology but a grand design to bend and break Constitution to subvert democracy to promote its own interests. First, it removed the BJP government in Goa which had won a vote of confidence on the floor of the house only 20 minutes earlier. Second time, on the directions of the Congress Jharkhand Governor sworn in a government led by Shri Shiboo Soren ignoring the claim of the BJP led NDA government which enjoyed majority in the House. It was on the intervention of the Supreme Court that Shri Shiboo Soren had to go and the Governor had to invite Shri Arjun Munda to form a government which proved its majority in no time.

Then came Bihar. The electorate in the State had given a clear verdict against the Lalu-Rabri regime in the State which had earned the notoriety of ushering in a jungle and mafia raj in the State. When UPA found that RJD on whose support its subsists will not be able to form a government under any circumstances, Shri Lalu Yadav prevailed upon Mrs. Sonia Gandhi and Dr. Manmohan Singh to impose President's rule placing the newly elected Assembly under suspended animation to mark time to indulge in horse-trading to contrive majority to again instal Smt. Rabri Devi as Chief Minister in defiance of the electoral verdict But the plan misfired. On the other hand, the LJP MLAs who had won election against the RJD misrule, decided to align with the NDA to give the people a popular government. This sent alarm signals in the UPA. They could never digest the prospect of NDA forming a government in Bihar. Addedly, the left parties and RJD threatened to pull down the UPA government at the Centre if NDA was not prevented from forming a government in Bihar. For Dr. Manmohan Singh and Mrs. Sonia Gandhi the security of their government was more important than the sanctity of the Constitution. The 'most obedient' Governor Shri Buta Singh immediately complied, sent a recommendation for dissolving the State assembly on manipulated grounds, Manmohan Singh government spent a sleepless night making a recommendation to the President who concurred while staying in Russia at as odd an hour as 3.30 A.M.

It is true that the UPA government acted on the recommendation of Governor Buta Singh. But under the Constitution the Government at the Centre is not "bound" to blindly put its thumb impression on the recommendation of a governor even if wrong. The Governor only 'recommends' but it is the Government at the Centre which has to apply its mind, considers all the legal and constitutional points involved and then makes a recommendation to the President. Therefore, while Governor Buta Singh is responsible for abetting the crime of "unconstitutional" dissolution of Bihar assembly, it is the UPA government led by Dr Manmohan Singh which actually committed this "unconstitutional" crime. Both of them cannot absolve themselves of their culpability.

An equal culprit and abettor of this constitutional crime is the Left parties. In their antipathy to NDA, they went the whole hog in demanding dissolution of the assembly and imposition of President's rule.

Congress has never failed to learn the lessons from the blunders it committed in the past. Mrs. Indira Gandhi manipulated the Constitution to impose an emergency in the country in 1975 and undermined democracy. The people taught her a lesson in 1977 elections to Parliament and State assemblies. Yet, Congress never fails to repeat its mistakes as is evident from its adventures to destabilise non-Congress governments in Goa and Jharkhand thwarting the electoral verdict. So did it Bihar.

Congress has always preached other political parties to respect the verdict of the courts. But it itself has never practised what it preaches. In the Shah Bano case it thwarted the court verdict by going in for an enactment to fructify the court judgment. The Supreme Court held the IMDT Act as unconstitutional more than three months back, but it has as yet to honour the court verdict. It has yet not made its intentions clear on the Bihar judgment. If it fails to learn a lesson this time, people will certainly come forward to teach Congress and the UPA a lesson of their life.

Another court snub to Congress

The Allahabad High Court's verdict declaring Aligarh Muslim University (Amendment) Act 1981 unconstitutional has been welcomed by every enlightened section of society. It has left the ruling UPA Government exposed as this decision has put a big question mark on its pursuit of vote bank politics and minority appeasement. Constitution of any country reflects its peoples' collective will. Reservation on religious and linguistic grounds has never found sanction either from the society or the Constitution. Now the HRD Minister Shri Arjun Singh should realise that earlier in 1968, the Supreme Court had declared that the AMU was not a minority institution. In spite of this observation by the Apex Court, in 1981 the then Congress Government brazenly passed an Amendment Bill. The recent decision of the Supreme Court has quashed the proposed quota of 50 per cent reservation for Muslims, upholding the dignity of Our Constitution.

Ever since the country gained Independence, the Congress has been infusing a feeling of insecurity among Muslims not allowing them to join the mainstream. It was a well- thought Congress conspiracy to keep Muslims in isolation, because it always treated them as a mere vote-bank.

The Congress conned Muslims by promising them social and economic upliftment. It even went to the extent of cultivating hatred and distrust among Muslims against majority community. No wonder it helped Congress in getting minority votes.

Giving reservation on religious and linguistic grounds was nothing but a move to undermine the unity and integrity of the country. It was only the BJP who had the courage to oppose reservation on religious grounds as it never compromised with nation's security and integrity for vote-bank considerations or compulsions. Its youth wing BJYM staged a massive demonstration in Delhi putting Government in the dock on this issue. It is surprising that no other political party showed the guts to oppose reservation on communal grounds. The so-called secular parties kept mum and their silence was deafening. Why did they not come out in open with what they had to say? The question remains: what is the limit to this Muslim appeasement and how long we will continue to keep our country on stake for vote bank considerations? To what extent can we go to divide the society? Whether we have faith in the Constitution of this country or not? What is to be the guiding force while formulating policies and carrying out decisions in this country, the Constitution, or narrow minded opinions? These are certain questions which the Government of the day must answer. The High Court has shown the way to the present dispensation and its decision has come as shot in the arm to those who have firm faith in democracy and democratic values.

Ever since the UPA Government came into existences no matter which decision it took, or what it said to media, the truth is, in its desire to stay in power, UPA Government will not hesitate to sell the nation. The dangerous vote-bank politics invented by Congress and its opportunistic allies have made them blind to interests of the nation.

This is the reason why Uttar Pradesh and Bihar always flare up on the issue of caste and religion. No Government should follow divisive policies, and if anyone does so, the Government should stop it immediately.

The Aligarh Muslim University depends entirely on Government funds. Then how can the Government allow discrimination on religious lines? If this is allowed, it will be against the spirit of Article 14 of the Constitution of India. Supreme Court has upheld the spirit of our Constitution by rejecting this order.

Muslims too should respect the letter and spirit of our Constitution with an open mind because abiding by it is their fundamental duty as well. This practice of endangering unity and integrity of the country for political ends should come to an end.

Muslim leaders, specially Congress leaders, need to realise that "they shall reap what they sow". Muslims should try to understand and accept public opinion in the nation. Those who ignore public opinion in a democracy are ousted from power soon.

By quashing the decision to give fifty percent reservation to Muslims, the Supreme Court has tried to restore the lost dignity of Aligarh Muslim University. It is possible that Congress-led UPA Government might repeat the same mistake it committed 20 years ago while dealing with the famous Shah-Bano case.

UPA Government needs to respect Supreme Court's verdict and accept it quietly. If Congress does not do so, it should be ready to face public ire all over the country.

Bharatiya Janata Party deserves to be congratulated for fulfilling its social and patriotic duties by not indulging in vote-bank politics and taking a bold stand against such reservation policies from the beginning. But more regrettable is the stand of some members of the governing body of the AMU who have tried to appear brave by declaring their intention to approach the Supreme Court. They have every right to do so. But at the same time they should not forget that successive high courts and the Supreme Court have expressed their disapproval of such decisions.