It’s high time for BJP govt to show federal spirit
When it comes to Bengal, the eastern Indian state that has recently brought back a non-BJP government to power with a resounding majority, Centre-state relationship is palpably at its worst. The sudden order, asking West Bengal chief secretary, Alapan Bandyopadhyay, to report to the department of personnel, public grievances and pensions (DoPT) in New Delhi, even after his three-month extension (as the Bengal chief secretary had been approved by the same union government) is just a case in point. The vexed order came after a row broke out over West Bengal Chief Minister Mamata Banerjee skipping a meeting convened by the PM during his visit to the state to review the impact of Cyclone Yaas. Bandyopadhyay's extension had earlier been given green signal to smoothen West Bengal government's crisis management exercise in the wake of the pandemic and the cyclone-Yaas.
There are already indications that the Centre would initiate disciplinary action against Bandyopadhyay for failing to report to DoPT on Monday, as directed. The Mamata Banerjee government is not ready to give in an inch without a fight.
In case of such a confrontation, who would prevail upon whom (the Centre or the state) would always be socially, politically and legally debatable. In this case also, it will be like this only. However, the bigger question that this latest move by the Centre has sparked off is whether and how much the principles of cooperative federalism have been respected. And mind you that Federalism is a concept which needs to be adopted in practice and spirit rather than in letter, no matter what top BJP leaders like Tathagata Roy (former Bengal BJP president, former Governor of Tripura and Meghalaya) says. Ironically, in a recently televised debate Roy went to the extent of mentioning that the Indian Constitution does not even mention anything about 'cooperative federalism' per se.
When the Constitution was adopted in the year 1950, Sardar Patel, strongly advocated the need and causes of federal system and played a crucial role in crafting a federal constitution. Cooperative federalism is the horizontal relationship between union and states and shows neither is above the other. Indian constitution has incorporated instruments to ensure co-operation between the Centre and states to ensure that cooperation is necessary for the proper growth of the country.
Indian constitution did incorporate instruments to ensure co-operation between the Centre and states to ensure that cooperation is necessary for the proper growth of the country. And there are a number of listed provisions in the Indian constitution which depicts the core relationship between Centre and states.
Now, consider what Bengal's third time elected Chief Minister has to say and what she has written to the Prime Minister subsequent to the order. 'The unilateral order' comes without any prior consultation whatsoever with the Government of West Bengal, without any volition / option of the officer, without meeting any of the pre- conditions of the Indian Administrative Service (Cadre) Rules, 1954, and other applicable laws under reference. The unilateral order / directive is legally untenable, historically unprecedented and wholly unconstitutional. The government of Bengal cannot release, and is not releasing, its Chief Secretary at this critical hour, on the basis of our understanding that the earlier order of extension, issued after lawful consultation in accordance with applicable laws, remains operational and valid," the chief minister wrote. The order against Bandyopadhyay is bound to send a wrong signal to all civil servants across the country.
Mind you that since the ancient period, kingdoms or empires have ruled the Indian subcontinent through a federal policy of non-intervention in local affairs and many historians attribute (to a large extent) disintegration of Maurya's and Mughals to centralized tendencies of monarchs like Jahangir and Aurangzeb. Is anyone listening?
