May 17, 1999
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VAJPAYEE GOVERNMENT The Grey Season Lack of constitutional clarity on the powers of a caretaker regime gives the BJP-led coalition considerable scope to act as a full-fledged government. By Saba Naqvi Bhaumik
Prime Minister Atal Bihari Vajpayee may have faced the ignominy of being voted out by one vote after 13 months in office. But by the time the next government is sworn in Vajpayee would have set another record of sorts. He would have been at the head of what is referred to as a caretaker government for the longest period in India's history -- nearly six months, longer than the five month tenure of Charan Singh in 1979-80. Legally, the period cannot exceed six months because that is the maximum interval under Article 85 of the Constitution between two sessions of Parliament. The Constitution is, however, not so clear on the powers of a government in this interregnum. It does not provide for a caretaker government as such, thereby putting no legal constraints on the functioning of the Vajpayee Government. Propriety and convention, however, decrees that a government that was voted out refrains from taking measures involving policy changes. While dissolving the Lok Sabha in 1979 President N. Sanjiva Reddy's communique stated that "the Government of India will not take any decision during this (caretaker) period which sets new policy or involve new spending of a significant order or constitute major administrative executive decisions." While dealing with the I.K. Gujral government -- which resigned before being actually voted out -- President K.R. Narayanan's approach wasn't so negative. In a letter to the prime minister in December 1997 he sought to define the status of a caretaker government more generously: "The present government is not a caretaker government under our Constitution. It has full authority to be used with discretion." The operative word was "discretion", a term so subjective that it didn't prevent Gujral from issuing a Prasar Bharati ordinance that made life difficult for the next government. Cabinet Secretary Prabhat Kumar's May 1 circular stating the Vajpayee administration will function like a normal government was guided by this precedent.
Like any political party in election mode, the BJP is now poised to take maximum advantage of this situation. According to a PMO official, "The Government won't go overboard but won't be hamstrung either. How can there be a non-functioning government for half a year?" It's a moot point but one which worries the opposition Congress. Having fiercely opposed a June election, it is now insisting Vajpayee's is a lame-duck regime that shouldn't even effect bureaucratic transfers. It's a point of view that doesn't find favour with Gujral. According to him, there may be many occasions when the Vajpayee Government will have to take vital decisions. "It would not just be the government's right but also its responsibility to elucidate India's stand on key issues." At the same time he believes that in the absence of Parliament the Government must explain to the public why it is taking specific steps. "The Government is well within its rights in transferring the home secretary but it should have given a reason for doing so. Prudence demands that whatever would have been discussed in Parliament should now be explained to the public." It's a precondition that the BJP-led Government may be too willing to meet in other areas. With the Finance Bill having been passed by the Lok Sabha without changes, there is enough scope for the Government to launch those populist schemes that found mention in Finance Minister Yashwant Sinha's budget speech. These include a new national programme for rural industrialisation, a scheme to provide 10 kg of foodgrain free of cost to senior citizens and an increase in rural infrastructure development. The coming weeks will also see the Government act on other key fronts: Changes in the fertiliser policy. Subsidies are likely to be increased. Implementation of the new telecom policy. Filling up of several bureaucratic posts that fall vacant in May and June. It's "business as usual" in the foreign office. All pending visits by dignitaries have been cleared. Minister of State Vasundhara Raje leaves this week for a visit to Oman and External Affairs Minister Jaswant Singh may visit Syria and Jordan next month. As of now, the Vajpayee Government plans nothing unduly audacious that would invite presidential rebuke. But if the past is any guide, the Lakshman rekha of propriety stretches quite far. For example, despite Reddy's instructions, Charan Singh took a number of populist steps such as reducing diesel and kerosene prices and hiking the support price of paddy. Both were clear vote-garnering exercises aimed at benefiting the powerful farmers' lobby. Reddy in fact had to intervene and stop Charan Singh from issuing an ordinance that allowed state funding of elections. He warned the prime minister that he would have to overturn his decision as the move involved a major change in electoral laws. President R. Venkataraman too had to step in during Chandra Shekhar's regime in 1991. In My Presidential Years Venkataraman recalls that he had to stop the government from issuing new licences. While the President praises Chandra Shekhar for readily agreeing to his suggestions, he is more critical of Subramanian Swamy, the then law minister. Swamy apparently pestered the President for permission to sign a contract with Hyundai Heavy Industries and another with Boeing. When the President refused to give the nod Swamy asked him what would happen if the cabinet refused to heed the President's advice. The President told him he would study the Constitution and act accordingly. The government didn't press the point. Swamy, who played a key role in bringing down the Vajpayee Government, has always been a maverick. Vajpayee on the other hand is a stickler for the rule book. Moreover, unlike the other caretaker prime ministers, Vajpayee and his party are very much in the electoral reckoning. In the course of running a presidential-style election campaign he would naturally try to put incumbency to use. But it is unlikely that he would wilfully ignore any advice from Rashtrapati Bhavan. Even as the BJP coalition tries to act like a full-fledged government, the biggest challenge will not come from the Opposition but from the corridors of power -- the all-powerful bureaucracy. The babu will simply block files and stall movement on vital decisions if the BJP coalition appears unlikely to return to office. That challenge could be as debilitating as the long run up to the polls.
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