UP: The Right Decision

THE celebrated American journalist, H.L. Mencken, cautioned his readers not to fret over howls of "rape of democracy" from political parties since, in all probability, not even a molestation would have occurred. As the BJP’s ‘rape’ protests mount, with the party threatening to move everything from the Supreme Court to buses on the streets of Lucknow, it would be prudent to coolly consider what manner of constitutional ‘subversion’ has taken place through Governor Romesh Bhandari’s decision to impose President’s rule.

Let me admit straightaway that it is not easy to defend Mr Bhandari. He is an unappealing politician. Most of the dirty work that enabled Chandra Shekhar’s ‘cash and carry’ government to be installed was done at his residence, and his record as governor in Tripura is not inspiring either. Mr Bhandari is one of those persons whose exertions to enter public life through proximity to Rajiv Gandhi have an aspect of sadness because, despite unswerving loyalty to the Master, these individuals have never progressed beyond the margins. So, while I believe Mr Bhandari has made the right decision, I remain opposed to people like him occupying our Raj Bhawans.

In this particular instance, Governor Bhandari came to the conclusion that none of the three formations claiming the right to form a government in UP was capable of commanding a majority. Mr Bhandari requested the largest single party more than once to indicate even obliquely how it was going to get the extra 35 legislators it needed to reach the magic figure. Kalyan Singh and Kalraj Mishra refused to divulge, in fact they resented the asking of such ‘impertinent’ questions. The truth is that let alone 35 MLAs, the BJP till date has not been able to woo the handful of independents in the fray. Majorities do not materialise from the air; discussions with inclined parties or friendly legislators have to be initiated. The Bharatiya Janata Party made few moves in that direction.

Uttar Pradesh, let us not forget, is no ordinary state. Besides being vast and notoriously ungovernable, communal and caste passions need only a single match to ignite. A governor in Uttar Pradesh has to tread carefully, one false move could mean a serious law and order problem. If Messrs Kalyan Singh and Rajju Bhaiyya have storm-troopers, Messrs Mulayam and Kanshi are not short of hoodlums. Therefore, the governor not only has to go by the letter of the Constitution but also its spirit. Romesh Bhandari, one assumes, studied the Constitution, applied his mind, waited for the eleventh hour and then made his (correct) decision.

If he had been merely mechanical, he would have sworn in Kalyan Singh and given him three weeks to prove his majority. Doubtless, Kalyan Singh would have resigned either just before or after the confidence vote. Having summoned Kalyan Singh, Bhandari was duty- and precedent-bound to invite Mulayam Singh, giving him precisely the same number of days he gave Kalyan Singh. Doubtless, Mr Yadav too would have come to grief. Finally, Mayawati would be called to enact the drama, with predictable results.

To play out this call-the-single-largest-party ritual might require three months or more. One does not have to be particularly insightful to speculate on the goings-on in Delhi and Lucknow during that period: "caged" MLAs, fisticuffs in the assembly, midnight manoeuvres aided by suitcases, vicious name-calling and abuse bandied about... And at the end of it all you arrive back at square one, i.e. without a government. The governor could then be applauded for constitutional propriety but he would also have released forces capable of graphically demonstrating "the rape of democracy".

Those who cite the 1996 Lok Sabha analogy, when Shankar Dayal Sharma invited Mr Vajpayee, miss one critical point. True, Dr Sharma swore in a minority prime minister, but the President had reliable evidence that another combine with a majority was ready and waiting to accept the challenge if the BJP failed. Romesh Bhandari, crucially, had no evidence that any of the three claimants were even close to a majority. In such an unprecedented situation, can he be faulted for recommending President’s rule?

I am not avoiding the question of a constitutional bar on extending Central rule beyond one year without an amendment. However, in this instance, a grey area emerges on which even the ‘experts’ are divided. Is what we have in Uttar Pradesh an extension of the old President’s rule which had by law to lapse on October 17, or is this a ‘fresh’ President’s rule? The courts will no doubt enlighten us, but I cannot believe the Deve Gowda Government is stupid enough to have taken such a controversial step without proper legal advice.

The BJP at the moment is putting on a superb act. The sense of outrage and injury it disports is a legitimate gambit, one which another party similarly placed would have played too. Nevertheless, the act must be exposed. The party is not protesting the denial to form a government; that is beyond its reach, as even its leaders concede. What it is protesting is the opportunity to be seen to fail. It is protesting the lost chance to score propaganda points. For the BJP understands that failure in such situations actually means success.

The party has not forgotten how much it gained by two weeks in power in Delhi. Atal Behari Vajpayee would not have become the ‘national’ leader he is without the enormous visibility he enjoyed for a fortnight. Even if Doordarshan refused to oblige this time, Kalyan Singh and his cabinet being sworn in, Kalyan Singh and others making eloquent and bellicose speeches prior to conceding defeat—that is the real loss. Media martyrdom is what has been denied to the BJP.

There is one reason to welcome President’s rule. I am all for the empowerment of scheduled castes but it is unfortunate that this most depressed section is lumbered with exceedingly and aggressively myopic leaders. Understandably, Kanshi Ram and Mayawati are dedicated to promoting their constituency; alas, their vision is so blinkered that had the BSP come to power, administration in Uttar Pradesh would be extinct. Mayawati would spend all her energy transferring officials since caste equity in her book means having the ‘right’ district magistrate. For the moment, at least, Uttar Pradesh has been spared that kind of social engineering.

Now that the October 17 guillotine has gone, now that the hothouse atmosphere in Lucknow has cooled, the three contenders have the environment to engage in relaxed negotiations which, hopefully, will lead to the formation of a majority government. Romesh Bhandari must quickly return to playing golf full-time.