There is no doubt that the Indian National Congress (INC) party has had a significant role in the making of post independent India. In 1947 an India reeling from the tragedy of partition transitioned under the leadership of Jawaharlal Nehru and Sardar Patel amongst others to become the world’s largest constitutional democracy. The early decades went into building institutions that recognised India’s plurality of identities and furthered equitable economic development. In the recent past, decisions from the liberalisation reforms of 1991 to the democratisation of institutions made possible through the Right to information Act 2005 continue to define the Indian citizen’s destiny.
In May of 2014, the Indian National Congress suffered a devastating loss winning only 44 seats in the Lok Sabha. This happened for two important reasons: first; being the alleged charges of corruption and the government’s nexus with big money and the second; the rise of an emerging non-Congress leader who promised to fulfil the aspirations of an increasingly urbanising population.
Now in March of 2017, it seems that the Congress party might fail to form Government even in States where it has managed to be the single largest party. The two states of Goa and Manipur have seen the Congress party win 17 of the 40 seats while in the latter state the party has gotten 28 of the 60 seats. Needing 4 more seats to form Government in Goa and 3 more to do the same in Manipur.
First to the turn of events in Manipur where the BJP managed 21 seats but within 48 hours had the support of 33 MLAs to form the Government. The Congress party couldn’t convince a single MLA to join their ranks. In fact, one of their own defected to the BJP.
In Manipur the swiftness with which the BJP managed to get MLAs to form a majority is no surprise at all as the National People’s Party and Naga Peoples Front with four seats each are allies of the BJP at the centre. Once it was clear that the BJP was heading towards a majority, the chance of MLAs risking giving support to the Congress vanished. The three-time Chief Minister of the state seemed helpless and quietly resigned. Within days the BJP not only got the numbers but also projected a former congressman as their Chief Minister candidate.
The events in Goa turned out to be slightly more curious. With not a single exit poll giving the INC a chance, yet the Congress produced a remarkable victory which saw the sitting Chief Minister losing his constituency and further saw the defeat of 6 BJP minister. With the INC requiring only 4 seats to form a majority, it seemed on the day of the results (11th March 2017) that the Congress might form the Government.
However, the Governor against constitutional convention gave the single largest party (INC) a go by and on 12th March 2017 invited the BJP to prove majority and form Government. In the space of 24 hours Manohar Parrikar not only resigned as Defence minister but was also appointed as the Chief Minister of Goa! Anchors on television were falling over each other hailing this quick unfurling of events as BJP’s show of “hunger for power” without wondering even once on the constitutional role of the Governor or the blunt rejection of the people’s mandate that voted the BJP out of power. As Fali Nariman pointed out it “is not who rushes quickest to the Governor but by convention of our constitution it is the party which has the peoples mandate that should be asked first”.
In the view of such events on 14.03.2017 ,the Congress party approached the Supreme Court challenging the invitation by the Governor (Mridula Sinha) to Parrikar, some of the important legal grounds that come up for discussion are :-
On 14th March 2017, the Supreme Court decided to interfere but only to a limited extent. The Hon’ble Apex Court passed an order stating that the Floor Test must be held urgently and issued an order stating that on 16.03.2017 the Government must prove its majority on the floor of the house.
Within 24 hours we will know the result, it takes no constitutional expert to know that the peoples mandate must be respected. However, we now are in a time when the Congress party has not been able to communicate to the people the importance of their very own existence. The public narrative is with the BJP and it seems irrespective of the mandate the house shall also belong to the BJP.
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