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RACE COURSE
ROAD
Constitutional DelinquencyAn assertive President reins in a truant Gujral
Prabhu Chawla
It had all the trappings of a high-powered political
confrontation. With the Head of State poised for a head-on collision with a lame-duck
prime minister, the stage was set last week for some more rewriting of constitutional
conventions. After a brief spell, during which he seemed to follow the dictum "live
and let live", President K.R. Narayanan decided to be assertive. Strangely enough,
the chasm between the President and the prime minister increased not on the issue of any
appointment or extension, but on the very vital subject of dealing with burgeoning cases
of constitutional delinquency which began with Uttar Pradesh.
So far, Narayanan and I.K. Gujral had shared a cozy
relationship but the chain of political convulsions last week seems to have snapped the
links. With the outgoing prime minister playing truant, it turned out to be just another
lesson in political dynamics for the rule-book President. For the past seven months,
Raisina Hill has literally been behaving like a rubber stamp of the minority government.
And when Uttar Pradesh's wily Governor Romesh Bhandari dismissed the Kalyan Singh
government without even pausing to think of the reactions at the Centre, the prime
minister expected the President to either cave in or ignore it altogether. Narayanan, it
seemed, had some other ideas.
It was for the first time since last July that Gujral's plans
misfired. Not only did the President summon him to Rashtrapati Bhavan a day after
Bhandari's misdemeanour, but he also told him to consider the possibility of recalling
Bhandari. Instead of taking the presidential advice seriously, the prime minister took off
on a four-day election tour. In the absence of any legitimate government, Gujral's
defiance was enough ground for the President to show the door to Bhandari. Yet, Narayanan
waited for a judicial verdict on Bhandari's conduct. In an unambiguous indictment, a
division bench of the Allahabad High Court, comprising Justice Dilip Kumar Seth and
Justice Virendra Dixit, observed: "It cannot be ruled out that the power has been
exercised for purposes not warranted by law."
Such a judicial order would be reason enough for any prime
minister to act. But Gujral, over whom each one of his Cabinet minister has a virtual veto
power, spurned a politically and constitutionally correct suggestion of the President
seeking his advice on Bhandari's continuation in office. For three days, the President was
denied even the basic courtesy of advice from Gujral's council of ministers on an issue
which was agitating the entire nation. Instead, many of the UF constituents, led by the
CPI(M), launched a virulent attack on the President.
This is the second time that the President has come under
fire from the UF. Earlier, he earned its wrath when he returned the Cabinet's
recommendation for the dismissal of Kalyan's government in October 1997. But at that time,
the UF swallowed its pride and accepted the presidential assertion because of a massive
surge in favour of the BJP government although it survived only by adopting dubious
methods.
The latest standoff between the President and the prime
minister, however, underscores yet another point -- both of them should stay within arms
distance and not hug each other, at least not in public. |