Maharashtra and Bihar — A fit case for dismissal

Thackeray’s reasoning does not come as a surprise. He wears his bias against the Muslims and the Dalits on his sleeves. He may at times rationalise his stand but does not hide it. Jaswant Singh, claiming to follow a value system, makes a poor case. It is jarring to hear him say that his party’s coalition in Maharashtra is better than Laloo’s government. What he is trying to convey is that it is less blood-tainted.

There are better-run governments in the country. It is strange that of all the States Jaswant Singh should pick up Bihar, a specimen of worst governance, for comparison. Political or legal quibbling does not wash off crime or blood. But then this is what happens to persons and parties when they cease to differentiate between right and wrong, moral and immoral.

Lack of sensitivity tells only part of Maharashtra’s or, for that matter, Bihar’s dismal story. Worse is the contamination of police. The force in both States is caste-oriented. In Maharashtra, it is communal as well.

The upper castes bear the brunt in Bihar and the Muslims and the Dalits in Maharashtra. To all intents and purposes, the force is an instrument in the hands of the two chief ministers — in Maharashtra Bal Thackeray is the unconstitutional boss — who use it in the manner it suits their personal and political ends.

Otherwise, it is not understandable why the police in Maharashtra should have fired at the Dalits. Home Minister Indrajit Gupta, after his visit to Mumbai, has said that the firing was heavy, indiscriminate and uncalled for.

He has also pointed out that but for the police none has defended the firing. Bihar is, however, a kettle of different fish. There is hardly any difference between Laloo’s partymen and the police force. They interchange the roles all the time.

The contamination of police on the one hand and its readiness to carry out high-handed and arbitrary actions on the other have made the States biased and brutal. This should surprise nobody. It has become a set pattern. Bihar and Maharashtra are probably the worst examples. But nearly all the 26 States have got affected, some less, some more.

It is not news any more that money can change a First Information Report (FIR). Most wanted criminals escape arrest by sharing the booty on a regular basis. A thana (police station) is on sale depending on the extent of black marketing and illegal trafficking in its jurisdictional area.

What is news is that some chief ministers are involved in the misdoings of the force. And policemen tend to side with the rioters of their caste or community to intimidate or even kill people on the opposite side. The backward communities shun the force made up of upper castes. Muslims or Sikhs all over the country prefer the Central Reserve Police Force (CRPF) because it is not tagged to local chauvinism or politics.

The protectors of law and order have become disrupters. The police and politicians have begun to be on the same side and they do not take any action when it is due. They look like moving in a half-hearted manner because they are part and parcel of the same system. The rules are there and no further legislation is necessary. Laxity is in taking strong and impartial action. It is time something is done to remedy this.

A study on the working of police has revealed that wayward appointments and whimsical transfers have demoralised the force. This has also given the Chief Ministers a clout. Policemen have come to believe that they are at the mercy of the party in power. Had the tenure of police officers been assured and had there been a selection of right people for the right job, the forces would have acted independently. The situation can still be retrieved.

The Dharam Vira Commission in 1979 made some recommendations to effect reforms in the police. It concentrated on releasing appointments and transfers from the hands of the government. Its suggestion was to appoint a council of members, including the Chief Minister, the opposition leader and the State Chief Justice, to select police officers for different posts. All of them were to be given a minimum tenure of three years.

Indira Gandhi put the report on the shelf because the commission was constituted by the Janata Government. The V. P. Singh Government only tinkered with the recommendations. The Gujral Government should appoint a committee of top policemen to process and update the report. The recommendations thus made should be implemented straightaway.

If state governments cannot be removed under Article 356, how do you oust corrupt or palpably communal chief ministers? The Inter-State Council must find an answer. There has to be a straight direction. It cannot be as the Communists say that Laloo Yadav should be ousted but not dismissed. How? He has already managed to have a vote of confidence in the State Assembly.

The Prime Minister did well in sending first Railway Minister Paswan and then the Home Minister to Maharashtra. The situation got defused. But how do you punish a government which deliberately foments violence with the help of the party cadre and which sees to it that even the non-contaminated police force does not intervene? This is really a breakdown of the Constitution, which should invite the application of Article 356. Laloo Yadav’s Government should also have been dealt with in the same manner because corruption in Bihar does not make any legal functioning in the State possible.

The Constitution framers were conscious of such situations. There was a serious discussion on dismissal on “moral grounds” just as on “the prevention of any grave menace to the peace and tranquility of the province.” What is going on in Bihar and what happens in Maharashtra off and on are adequate reasons for the dismissal of governments in both the States. Let there be fresh polls and let the people once again get an opportunity to elect new rulers.