Governor can't set agenda for Assembly going by cancellation of session on this vital aspect in Punjab turning battleground for Gujarat polls
Basic issue
of federalism is missing in Bhagwant Mann Vs Governor heated debate in Punjab
Ground Zero
Jagtar Singh
Punjab
having turned into the platform for Aam Aadmi Party and the Bharatiya Janata
Party for their confrontation in the forthcoming Assembly elections in
prestigious Gujarat and Himachal Pradesh is too obvious.
Defection by
even twenty AAP MLAs can’t pose any threat to the Bhagwant Mann government in
Punjab but can definitely hit the ruling party in the state hard whose tremors
can be felt in neighbouring Himachal Pradesh and coastal Gujarat.
It is
Gujarat that has the potential to set discourse for the 2024 Lok Sabha elections
that is going to be the most crucial one for not only the BJP but also its
parent organisation the Rashtriya Swayamsewak Sangh in the context of transforming
India into Hindu Rashtra.
The conversation
is already converging on AAP convener Arvind Kejriwal emerging as the main
challenger to Narendra Modi.
What is
happening in Punjab is crucial in this backdrop.
Otherwise,
the BJP occupies relatively smaller
space in Punjab’s political dynamics.
The decision
of the Bhagwant Mann government to convene special session of Assembly to seek
vote of confidence and its cancellation by Governor Banwari Lal Purohit thereby
kicking up a storm is significant in this context.
What is
missing in the entire conversation in the context of cancellation of Assembly
session is the vital aspect of federalism that has been part of political
discourse in this state ever since the
partition of the country and its main protagonist has been the Shiromani Akali
Dal.
The Governor
by cancelling the session has violated the autonomy of the state government. The
decision to convene the session is taken by the council of ministers that
decides the date and recommends to the Governor to summon session. As per the
constitutional norms, the Governor acts on the advice of the council of
ministers.
It is not
the Governor who is to set the agenda or go through the agenda as that is the
job of the government. The Governor withdrew the summoning of the Assembly on
the issue of the agenda that was seeking vote of confidence.
It is for the
constitution experts to go into this broader issue of power of the Governor to
set agenda of the Assembly session. The cancellation of the session precisely
on the issue of the agenda gives rise to this vital dimension of the power of
the Governor.
Ironically,
none of the political parties are raising the issue in the context of
federalism.
The
intention of Chief Minister Bhagwant Mann to seek vote of confidence of his own
legislature party is a different issue. None has challenged his leadership
publicly from within AAP.
The logic
that was advanced by Arvind Kejriwal while seeking vote of confidence recently in Delhi Assembly was to frustrate Operation Lotus purportedly
launched by the BJP to win over some AAP MLAs.
The operation
can be executed in case the targeted MLAs so decide and the vote of confidence
can’t stop them. At the most, this can be termed as political exercise.
Going by the
defection law, in case the number of MLAs crossing over to the other side is
less than two-third of the strength of that party, they would lose their seats.
AAP has a
strength of 92 MLAs in a House of 117 and as such, the defection of even 20 MLAs
would not pose threat to the Mann government but in the process, they would
have to vacate their seats.
Can the MLAs
take such risk of crossing over to the party whose future is uncertain in this
state?
Of course,
AAP in Punjab has already been losing the massive mandate that it had received
in February last going by the Sangrur Lok Sabha byelection that this party lost
and that too to a leader who was not perceived to be the winning horse. Akali
Dal (Amritsar) chief Simranjit Singh Mann created record by winning this seat
that had been vacated by Bhagwant Mann himself. This shock defeat in itself was
the signal that the AAP in Punjab was losing the confidence of the people.
If Punjab
has become battleground for AAP and the BJP for dictating the destiny of India
at a broader level via Gujarat and Himachal Pradesh, that is a different scenario.
The
functioning of AAP government in Punjab is already under close scrutiny.
The council
of ministers has now decided to convene the session on September 27 and the agenda
this time is different, not the confidence motion.
The
government has the right to convene such special session.
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