Bengal CM At ISC Meet

Onus Must Be On Governor For President’s Rule In A State

Below we reproduce the text of the address made by West Bengal chief minister Buddhadeb Bhattacharya at the eighth meeting of the Inter-State council, held at Srinagar on August 27 and 28, 2003.

AT the outset, I must thank the hon’ble prime minister for convening this crucial meeting of the Inter-State Council for discussing and taking a final view on some of the recommendations of the commission on centre-state relations which remain outstanding. The issues listed for discussion today are of immense importance and our success in resolving them on the basis of an overall consensus will go a long way in ensuring harmonious centre-state relations.

I would now like to state the view of the state government on each of the issues mentioned in the agenda.

Administrative

 Relations

The consensus that earlier emerged in the meeting of the sub-committee of the standing committee was that the articles 256 & 257 might remain in the constitution; but article 365 should be deleted and in its place a suitable provision might be incorporated to the effect that “where any state fails to comply with or give effect to any direction given in exercise of the executive powers of the union under any of the provisions of the constitution, the matter may be remitted to the Inter-State Council for discussion and resolution.”

I am of the view that the consensus mentioned above should be accepted by the Inter-State Council.

Emergency

Provisions

In the earlier meetings of the sub-committee of the standing committee, a consensus was reached for introducing certain safeguards to article 356 to prevent its possible misuse.

We endorse the consensus subject to the following:

First, on the question of the show cause notice to be issued to the state government and giving it a time limit of 7 days to explain, the consensus is rather ambiguous. It has been laid down that in exceptional circumstances of threat to secular fabric of the country or secessionist activities, this time limit of 7 days can be dispensed with. It is not clear whether in such exceptional circumstances, no show cause notice will be issued or whether the proclamation under article 356 will be issued without waiting for the reply of the state government.

Our view is that under no circumstance, the issue of the show cause notice should be dispensed with and the proclamation should be issued only after receipt of the reply from the state government within a period of 7 days.

Secondly, we would still urge that the word “otherwise” appearing in clause (1) of article 356 of the constitution should be deleted since the union government had earlier made use of this particular provision in the constitution for imposing president’s rule in a state. However, if the consensus is in favour off retention of the word “otherwise,” we would suggest that the information available with the government of India should be made available to the governor so that the responsibility for recommending president’s rule in the state is on the governor.

Deployment of

Armed Forces

On the above issue, we are of the view that “public order” being entry number 1 in the state list, the union government should deploy armed forces in a state or declare an area within a state “disturbed” only after the state government has asked for such action or with the prior concurrence of the state government concerned.

Contract Labour/

Contract Appointments

And Other

Related Matters

On the above issue, our opinion is that a balanced and socially sustainable approach should be followed because the size of the salary bill of the states in respect of the government employees has now become unmanageable. There is an imperative need to take cautious steps for reducing the non-plan expenditure of the state, which is now on the increase. Though we are against large-scale downsizing of the government workforce, there is need for redeployment and rationalisation of the government employees by taking necessary steps towards cost effective and efficient staff size and rational management policies. It is not desirable that for jobs of perennial nature, appointment should be on contract basis. However, if it becomes absolutely necessary to make contract appointment to such jobs, necessary provision may be made for ensuing job security of such employees.

Implementation

Report on Decisions

Taken by

Inter-State Council

I would like to highlight a few issues which need to be expedited.

1) In respect of legislative relations, as per paragraph number 2.43.04 in Sarkaria commission report, the decision of the Inter-State Council was to provide adequate safeguards in the Commission of Enquiry Act against misuse of the power by the central government while appointing a commission to enquire into the conduct of a minister of a state government. We are of the view that this decision needs to be reviewed. It would be ensured that both the union government and each of the state governments enact the Lokpal Bill which will make it possible to institute an enquiry into cases of alleged corruption on the part of the ministers of the union government or the state government, as the case may be. Once such an enactment comes into existence, the relevant provision in the Commission of Enquiry Act as mentioned above will become redundant and may therefore be suitably amended.

2) In respect of the recommendation under paragraph 4.16.03 of the Sarkaria commission report, the decision of the Inter-State Council was that, for the appointment of the governor, the constitution should be suitably amended to make the consultation with the chief minister mandatory. This may be expedited.

3) The recommendation of the Sarkaria commission under paragraph number 15.5.02 suggests that powers should be delegated to the states to divert reserved forests land to the extent of 5 hectares which may be urgently required for specific public purposes. This has not yet been implemented since there is a case pending in the Supreme Court. Steps may be taken for expediting the implementation process.

Good Governance:

An Action Plan

We are in agreement with the basic approach and ideas behind the base paper on “good governance”. There is no denying that in recent times the standards and values of public life have deteriorated substantially. The institutions of governance are showing signs of attrition and they are finding it increasingly difficult to serve as instruments for rendering service to the people. In West Bengal, we are committed to upholding the rule of law and ensuring a corruption-free administration. The bureaucracy in the state is known for its neutrality. In the matter of promotions and transfers of civil servants, the state government follows a certain policy and a set of guidelines and the officers have a reasonable tenure. The administration is, to a large extent, responsive, transparent and free from the vices of corruption and malpractice. The Vigilance Commission in the state enjoys a very high degree of autonomy and functions without any interference from the executive. A high power grievance machinery has been set up under the direct supervision of the chief secretary. Very recently, the Lokayukt Bill has been passed in the state legislature and is now awaiting governor’s assent. The state has an age-old tradition of communal amity and this largely explains the absence of evils like casteism and communalism in our society. The trend towards criminalisation of politics is hardly discernible in the state. In the matter of implementation of development programmes, priority is accorded to the people oriented schemes and projects which are closely monitored and supervised from the highest level in the state administration. Our state in a pioneer in the matter of decentralisation of power and our vibrant panchayati raj institutions and urban local bodies enjoy substantial financial and  functional autonomy.

I hope, my suggestions will be duly considered by the Inter-State Council while taking a final decision on the items mentioned in the agenda.