'Intervene Urgently And Effectively To Reverse The Governor's Delinquent Acts'

NATIONAL DEMOCRATIC ALLIANCE
MEMORANDUM TO THE PRESIDENT OF INDIA
On the Shocking Conduct of the Governor of Jharkhand

Dr. A.P.J. Abdul Kalam
President of India
Rashtrapati Bhavan
New Delhi

Mahamahim Rashtrapatiji,

It is with a deep sense of anguish and anger that we, the undersigned leaders of the constituent parties of the National Democratic Alliance, along with prominent Members of Parliament belonging to the NDA, have come to you to seek redressal in the form of your urgent personal intervention in a matter of brazen assault on democracy in Jharkhand committed by none other than the Governor of the State, Shri Syed Sibte Razi

Elections were held in February to elect new Legislative Assemblies for Jharkhand, Bihar and Haryana. Results of these polls were declared on February 27. In Jharkhand, the pre-election alliance of the BJP and Janata Dal (U) emerged as the single largest group with 36 seats in an Assembly of 81 seats. The next largest pre-poll alliance of the Jharkhand Mukti Morcha and the Congress won only 26 seats. The enclosed annexure gives details of the performance of the various political parties and independents in the elections.

In the case of a hung Assembly, the Governor is obliged under the Constitution to invite the leader of the largest party or the largest pre-poll alliance to form the government and seek a vote of confidence from a majority of the members of the Assembly. Moreover, the verdict of the Supreme Court in the Bommai case, as also the guidelines of the Sarkaria Commission which have been unanimously accepted by the Inter-State Council, unambiguously state that the proper forum for ascertaining the support or otherwise of the newly elected members of the Assembly, for the leader of the largest single party or pre-poll alliance who has been sworn in as the Chief Minister, is the floor of the House - and NOT the Raj Bhavan.

It is obvious from the results of the elections to the Jharkhand Legislative Assembly that the BJP-JD(U) is the largest single pre-poll alliance. The next largest pre-poll alliance between the JMM and the Congress has ten seats less than the BJP-JD(U) combine. The Governor was therefore duty-bound to invite Shri Arjun Munda, the duly elected leader of the BJP-JD(U) combine (known as the NDA in the state), to form the government and seek a vote of confidence on the floor of the House. Any lingering doubt about Shri Munda commanding majority support in the Assembly was dispelled this morning when 5 MLAs (independents and those belonging to small parties) told both the Governor, and also the media outside the Raj Bhavan, that they backed the NDA.

However, to our utter shock, and to the shock of all the democracy-loving people in India, the Governor has invited Shri Shibu Soren, leader of the JMM, to form the next government in Jharkhand. Indeed, even as you are reading this memorandum, Respected Rashtrapatiji, your nominee in the Raj Bhavan in Ranchi is all set to commit the illegality of swearing in Shri Soren as the chief minister.

By doing so, the Governor is trampling upon all the canons and conventions of parliamentary democracy. He is contemptuously disregarding explicit directives of the Supreme Court in the Bommai case. He is arrogantly flouting the guidelines of the Sarkaria Commission. In short, he is proving himself as the henchman of the Congress Party, willingly carrying out the diktats of its high command.

Mahamahim Rashtrapatiji, you are the Custodian of the Constitution, which has been violated by the Governor. You are the ultimate protector of the edifice of parliamentary democracy, whose foundations have been shaken by the Governor. We, the leaders of the NDA, have therefore come to appeal to you to intervene urgently and effectively to reverse the Governor's delinquent acts.

In this context, we would like to bring to your kind attention an instance in 1984 when, in a similar situation, the then Rashtrapati, late Shri Gyani Jhail Singh acted decisively to undo a gubernatorial wrong. The case was the dismissal of the government of N.T. Rama Rao in Andhra Pradesh (who commanded majority support in the Assembly) by the then Governor, Shri Ram Lal, and installation of a Congress government headed by Shri N. Bhaskar Rao. The incident shocked democratic opinion in the country. It also provoked all the 164 MLAs supporting NTR (and they included, besides TDP, members of the BJP, CPI, CPM and other parties) to come to Delhi and present themselves before the Rashtrapati, who lost no time in directing that the trial of strength be conducted on the floor of the House and not at the Raj Bhavan. This led to the re-installation of the government of NTR.

Mahamahim Rashtrapatiji, the NDA is prepared to bring all the 41 MLAs supporting Shri Arjun Munda to call on you tomorrow. All we urge you to do is to follow the precedent of Gyani Zail Singh and direct the Jharkhand Governor to do what is right by the Constitution.

In conclusion, we would like to convey to you our sense of outrage at the manner in which the Congress-led UPA Government has been systematically misusing the office of the Governor for partisan political gain and, in the process, undermining the basic structure of parliamentary democracy. You will recall that a delegation of BJP leaders called on you on February 3 to submit a memorandum detailing the unconstitutional and arbitrary action of the Governor of Goa, who dismissed the government of Shri Manohar Parrikar, which had already proved its majority on the floor of the House. The Governor hastily installed a Congress government headed by Shri Pratapsinh Rane, who has, till date, not been able to prove his majority in the Assembly.

We, the leaders of the NDA, are deeply concerned at these ominous developments. Democracy in India will not be safe if the Congress party is not stopped from continuing to mount such assaults.

With deepest regards,

We remain yours sincerely,

(National Democratic Alliance)