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A threat to federalism

A threat to federalism

Author: Editorial
Publication: The Pioneer
Date: July 31, 2011
URL: http://www.dailypioneer.com/357328/A-threat-to-federalism.html

Jayalalithaa speaks out against a sinister Bill

Tamil Nadu Chief Minister J Jayalalithaa is absolutely right in flagging the UPA's NAC-drafted Communal & Targetted Violence (Access to Justice and Reparations) Bill, 2011, citing apprehensions that the Bill could harm the country's federal structure. The Bill provides for direct intervention by the Centre any time there is a law and order crisis in a State provided that the Union Government can define it as an act of violence against minorities. Yet, the fact is that while occasionally communal tensions do flare up, State Governments are already equipped with various mechanisms to effectively defuse the situation. By wanting to arrogate to itself that responsibility, the Union Government has not just demonstrated its lack of trust in democratically-elected State Governments but also prepared the ground for undesirable interventions in State affairs. The Union Government can, for instance, use the provisions of the Bill to justify its interference if any critical situation arises in a State on the pretext that it amounts to targeting the minorities. That intervention could open the doors for the Union Government to dismiss State Governments and impose President's Rule under Article 356 of the Constitution. In the present circumstances, imposing President's rule is not easy, with political parties and even the judiciary disinclined to allow the abuse of Article 356. Indeed, it is these checks and balances that have kept the UPA regime from dislodging Governments in States not ruled by the Congress and its allies. The Bill, therefore, seems perfectly crafted to suit the interests of the UPA regime at the Centre. Moreover, everyone knows that communal violence is easy to ignite, those who wish to bring down a democratically-elected State Government can easily do so to provoke the invocation of the provisions of the Bill. And these are not just Ms Jayalalithaa's fears; various political leaders have repeatedly expressed their displeasure with the Bill's provisions and have questioned the need for the proposed legislation.

Ms Jayalalithaa's other concerns are also equally valid. The Bill is rightly seen as a desperate attempt by a discredited regime that has lost the plot and gone politically adrift to woo minorities across the country. In its defence, the Congress has pointed out that the definition of 'minority' includes not just religious minorities but also the majority community that may be in a minority in a particular State. But that is only a red herring; the real purpose of the Bill is to provide religious minorities with a false empowerment and win over their loyalty at a time when the stock of the UPA, more so the Congress, is at an all-time low. Unfortunately, the nation is being asked to pay a huge price for propping up the Congress, for the Bill threatens to create rifts in society by labelling one community as the perpetrator and the other as the victim, and then seeking to institutionalise this absurd arrangement. Under the provisions of the Bill in the event of communal strife minorities are entitled to protection, even if they happen to be the perpetrators of the violence. How can such a prejudiced Bill decide who is right and who is wrong? For all of these reasons, the Bill will undoubtedly face vociferous opposition when it is introduced in Parliament, and it will be in the fitness of things if it is dumped for good.


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