People's Democracy

BJP REBUFFED

Sitaram Yechury

THE decision of the five-judge constitutional bench of the Supreme Court, hearing the three-point presidential reference on the Election Commission's order deferring the assembly election in Gujarat, has come as a slap on the face of the BJP. The apex court has made it clear that it does not see any substance in the argument seeking its intervention on the Election Commission's order.

The Supreme Court has categorically stated that "the question of going into the commission's action under article 324 does not arise." The bench also made it clear that "Gujarat is not an issue" before the apex court and that the bench is going to decide only on the constitutional issues on the interpretation of articles 174 and 324.

The BJP's recourse to invoke the presidential reference sprung from its desire to try and use the judiciary against the Election Commission's order. This diabolic plan has been rebuffed by the Supreme Court. Further, the apex court's decision constitutes a virtual recrimination of senior government functionaries. From the deputy prime minister downwards, many had cast indecent aspersions on the Election Commission just because the latter had not dovetailed to its cynical maneouvres to use the highly volatile communal polarisation in Gujarat for its electoral benefits. The Gujarat chief minister had, in fact, gone to the extent of calling the chief election commissioner names and invoking his religious affiliation to debunk the EC stand. These despicable utterances reflecting the saffron brigade's gutter culture have been shown their place with the Supreme Court reasserting the powers of the constitutional authority of the Election Commission and upholding its right to make an independent assessment. The apex court has gone on record to say that "we are not going to say that the commission should not have made its assessment."

The Supreme Court, however, struck its final blow to the BJP's manoeuvres of holding early elections by saying "if you think a decision can be given by the October 6 deadline, it is impossible for all practical purposes." With this, it has now become almost inevitable that the possibility indicated in the August 16 Election Commission order for invoking article 356 and imposing president's rule in the state has to be carried out.

In the meanwhile, the Gujarat chief minister has postponed, not cancelled, his proposed rathyatra. This so-called `gaurav yatra' is clearly a move to justify and legitimise the State-sponsored communal genocide. It is an attempt to brazenly exploit inflamed communal passions for electoral benefit. At a time when lakhs of people need to be comforted and rehabilitated, the state administration, under Narendra Modi, is pre-occupied with an incendiary campaign such as this to keep the communal cauldron boiling. In the interests of the country and its people, this move must be foiled. This yatra must be called off. The BJP's game must be exposed and defeated.

This Vajpayee-led government, pursuing the RSS agenda of converting the secular democratic republic of India into a rabidly intolerant fascistic "Hindu Rashtra," has come in confrontation with every single constitutional authority of the country. The president of India returns an ordinance sent for approval. The Election Commission, National Human Rights Commission and now the Supreme Court --- all have taken positions against the government's moves that are designed to destroy all values and principles cherished by a civil society anchored in a secular multi-cultural ethos.

The battle for defending and safeguarding the republican character of India cannot rest here. With its manoeuvres being exposed and its diabolical moves foiled for the time being, a real danger lurks of the RSS/BJP attempting to keep alive the communal tensions in Gujarat till elections are held. Any victory for these forces in Gujarat will certainly unleash, what we have described earlier in these columns, the process of Modi-fication of India. It is imperative that for the sake of India and its future, these communal forces must be given a resounding defeat in the elections when they are held.