@prashanthamine
Mumbai: Events, developments of the past few months, be it the Center-State stand-offs over final year exams, NEET, JEE exams, investigations into the Sushant Singh Rajput case, matters reaching the Supreme Court and the apex court itself being embroiled in contempt of court matters, suggests that we are once again revisiting the events of post-1967 fourth Lok Sabha elections and the increasing Center-State stand-offs that led to the setting up of the Sarkaria Commission in 1983, headed by Justice Ranjit Singh Sarkaria.
Although the recent events point to a throwback to events of 53 years ago (1967 LS polls) and 37 years ago (Sarkaria Commission), the current strife is more ominous as it involves not just Center-State ties, but external factors and muddied by “disinformation” factor that has exacerbated the situation.
Sarkaria Commission submitted its report to then prime minister late Rajiv Gandhi on October 27, 1987. Of the 21 chapters devoted to some crucial issues, broadly four major chapters on – administrative relations, financial relations, legislative relations and the most controversial one – the Emergency provisions that deals with use of Article 356 to dismiss state governments by invoking the President’s Rule.
The commission in its report argues that the farmers of our constitution had in “the constituent assembly opted for a strong center and at the same time decided to decentralize and distribute powers between the union and the states on the federal principle”.
The current contentious issue of exams, the commission in its report on legislative relations says, “The best way of working Union-State relations in the sphere of education would be that the norms and standards of performance are determined by the Union and the professional bodies such as University Grants Commission (UGC) set up under Central Enactments, but the actual implementation is left to the states. This objective cannot be advanced without closer collaboration and cooperation between the Union and the States”.
The current stand-off appears to be more of political nature just as it was in post-1967 scenario which had seen emergence of non-Congress governments in the state, coalition governments, and the penchant of a weak Center resorting to use of Article 356 be it in 1977 (Janata Party rule) or in 1980 (Congress regime). Two of the landmark judgments, the 1973 Kesavananda Bharati case of 1973 and the S R Bommai judgment of 1994 deal a lot with Center-State relations.
Although things have not come to such a pass at least on the issue of education, the politicisation of the issue rings alarm bells, especially when a teenage environment activist Greta Thunberg of Sweden commenting upon NEET and JEE exams in India. It definitely raises eyebrows if demands of a few handful of non-Bharatiya Janata Party (BJP) led state governments are backed by external activists like Greta Thunberg. It poorly reflects our inability to address our own internal issues, although we have well-oiled redressal mechanisms put in place precisely to resolve such differences.
Just as there is a need for the state to allay fears, apprehensions about Covid-19 and exams, one also needs to weigh-in the long term implications of postponing or suspending certain exams on the future career prospects of the students. Because these entrance exams relate to the country’s premier education and research institutions like IIT. A year lost for the best brains in the country means a lot in terms of its overall progress.
It is equally baffling to note here the upsurge in criticism and demand for allowing migrant labourers to go back to their native places after the first phase of lockdown was over. Regions which till then had zero Covid-19 cases are now grappling with new cases every day. Just who is to appropriate the blame for the mess? Not to speak of the fact that governments under pressure to get the wheels of the economy moving again are in phases unlocking economic and other activities.
The apex court has while upholding the supremacy of the UGC, has while alluding to the Sarkaria commission recommendations on legislative relations and education in particular, has left it to the state’s to decide in matters of conducting final year examinations.
Similarly, in the SSR case, the apex court has tried its best to end the stand-off between Bihar and Maharashtra, by handing over the investigation to the Central Bureau of Investigation (CBI). In the aftermath of the 1993 Mumbai serial bomb blasts, attempts to hand over the probe to the CBI were resisted then also.
Although the apex court has so far desisted itself from commenting upon the media trial in the case, noted lawyer Harish Salve however has expressed dismay and concern over the media coverage. It did prompt the Press Council of India (PCI) to remind the media about guidelines to be followed while covering such events. But one is yet to see similar endorsements from other apex media bodies like the Editors Guild or the independent Broadcasters body of Television News Channels.
Ironically enough, even the Supreme Court has not been left untouched by criticisms and contempt of court matters. Be it the recent stand-off it has with noted lawyer Prashant Bhushan. The apex court had also had the mortification of having to watch four of its top judges openly coming out in the open on January 12, 2018 and expressing their dissent in matters of constitution of benches.
Such developments once again raise serious concerns over our federal structure. Of course there are a lot more issues that can be dealt with.
But there is one iconic climax scene from 1971 Bollywood flick “Mere Apne” starring Meena Kumari, Vinod Khanna and Shatrughan Sinha, wherein the characters of both Vinod Khanna and Shatrughan Sinha as is their want are engaged in a bloody fight which the destitute widow character played by Meena Kumari tries to intervene and gets fatally wounded in the process. As the cops round up the two rival gangs, it picks up the mortal remains of the widow into a hearse to be taken away with the two gang leaders haplessly watching her being taken away.
A somewhat similar situation confronts us today.
