Bharatiya Janata Party
National Executive Committee Meeting
Lucknow (Uttar Pradesh)
June 3rd & 4th 2011
UPA – a Grave Threat to our Federalism
With a sense of abandon and impunity, the Congress led UPA is taking such steps, one after the other, to destabilize our federal structure. Steadily, the UPA at the centre is usurping the law making powers of the states even on subjects that are exclusively in the latter’s domain. Non-Congress ruled states are making their voice of disapproval heard from all over the country. But their cry is only falling on deaf ears!
Federal dharma to be honored
The framework for our federal structure is well laid out in our Constitution. Over the years, it has evolved to serve the spirit of federalism better with the recommendations of the Sarkaria Commission and the various judgments of the Supreme Court.
The federal structure as framed in our Constitution recognizes the diversity of India. Dr B R Ambedkar in the Constituent Assembly observed: “The Constitution is a Federal Constitution in as much as it establishes a dual polity. The Union is not a league of States, united in a loose relationship, nor are the States the agencies of the Union, deriving powers from it. Both the Union and the States are created by the Constitution, both derive their respective authority from the Constitution.” Article 154 provides for the executive powers of the State whereas Article 246 provides for the distribution of legislative powers between the States and Centre. The powers are clearly divided between the Union and the States in the Union list, State List and Concurrent List. Cooperative federalism or a federal dharma was to be honored.
The Congress led UPA government has breached this dharma more than any other government in free India. It has breached it through insidious and colorable attacks on the states and their domain. These are pincer attacks as they are made by misusing investigative agencies. States do not exist only just in the Constitution. They are live, dynamic entities within the framework of our constitution. And they exist with political and moral respect. The UPA-led Centre is amassing more power while the States domain and finances are being poached upon. The Central government is using constitutional provisions to make legislation in respect of the items in the concurrent list, but is refusing to do its duty to provide necessary financial support.
A systematic and planned shift from states to the centre is continuing as a legacy from Shri Rajiv Gandhi’s time. From drinking water to supply of oilseeds there was a trend to increase the control of the centre over plan funds to be spent in the states. Today, there are the Rural Health Mission and the MNERGA.
The Right to Education (RTE) and the National Food Security Act mean more expenditure commitments of the states without Central support. States will now have to spend more for the teachers hired for the Sarva Shiksha Abhiyan because the Central Grant has been reduced from 85% to 65%.
UPA’s attacks are insidious
UPA’s attacks on the states are hostile, insidious and politically colorable. Many of them are not questionable in law and cannot be adjudicated. But surely, they verge on political immorality as they crush the spirit of federal dharma.
The conduct of the governors who are working as political agents goes unchecked, notwithstanding the protests from the people, political parties and the media. Repeated constitutional impropriety goes without any reprimand. The repeated violation of proprietary by the Governor of Karnataka is blatant and brazen. For the second time, his recommendation to remove the elected BJP government was rejected by the Central government. And he still continues as governor of Karnataka!
The appointment of Dr Binayak Sen to a consultative panel of the Planning Commission, even as he faces serious charges of supporting banned organizations in a BJP ruled state is a case of an insidious attack. By this appointment, the UPA has proved that it shall not cooperate with a state government in its fight against the Maoists who, even by the Prime Minister Dr Manmohan Singh’s admission, pose the biggest threat to this nation. Even on a war against India that the Naxalites are waging at different levels, the Congress led UPA will not honor the federal dharma!
In February 2011, Income Tax notice was issued to the Government of Gujarat asking for details of the Memorandum of Understandings (MoU) signed between the state government and the various corporate entities during the Vibrant Gujarat Summit. IT officials were let loose on those who wished to invest in Gujarat. The issue was raised in the Parliament where it was recorded, “there are contemporaneous and corroborative evidence to show that the political party in power at the centre and its affiliates in the States were suggesting that such notices be issued to the state government.”
Powers of the states usurped
There is a persistent attempt at usurping the powers of the states. The latest is through the National Advisory Council which has drafted a perverse legislation – the Prevention of Communal and Targeted Violence (Access to Justice and Reparations) Bill. It is ill-conceived and it proceeds with an assumption that the majority community is always the perpetrator of communal violence. Reverse discrimination in its worst form!
In a blatant case of hostile discrimination affecting national security especially in a state with international border, the UPA is refusing to clear the Gujarat Organized Crime Control legislation, now for several years. The state legislature had cleared it twice and an exactly similar Act (MCOC) is allowed in Congress ruled Maharashtra. Madhya Pradesh and Chhattisgarh too are awaiting this law to be cleared. Rajasthan which was earlier under the BJP rule twice cleared it in their Assembly but the Centre did not give it consent. After the Congress formed the government in Rajasthan, the Bill was sent back for reconsideration and the state Congress government has put it in cold storage.
The formation of the National Investigation Agency (NIA) by the Union Home Minister is “contrary to our federal spirit.” Without a constitutional amendment, in the subject of law and order, it has taken away the law making power of the states. Addressing the Chief Ministers’ Meet called by the Government of India, the Chief Minister of Gujarat observed, “By setting up the National Investigation Agency the Central Government now obviously wants to take upon itself the responsibility of fighting terror by sidetracking the states.” Today, in its two year course, the NIA has to its credit only the nomenclature for coloring terror and no more! Like the CBI, the NIA too is now being misused. And to assist in the dirty tricks, they relocate compliant and vengeful officers in and out of the states even without their (the states’) consent
The UPA has been exploiting the powers of statutory and constitutional bodies. The National Commission for Women (NCW) and the National Commission for Scheduled Castes (NCSC) give public political statements through the media even as the state governments answer their enquiries regularly.
There is an urgent need to fight this threat to our federal structure. We should be watchful of every breach of the federal dharma. States should be enabled to fight against this. Convergence of regional aspirations cannot be weakened by an insecure Congress which fears strong opponents even if they are from the regions. This was evident in the way in which the Srikrishna Committee set up to resolve the Telangana issue ended up submitting a police report in one of its nine chapters. Chapter VIII of this Committee’s report was submitted in a sealed cover to the MHA. Only portions of it have emerged through the Court. It gives teaching notes to the Congress Party on how to control a regional party who was once its ally. Identifying areas where the BJP is strong it suggests not conceding to the BJP by adopting one of the options it suggested. The confidential chapter in the report has also suggested ways and means to control the media. A Consultative Committee serving the dirty tricks department of the Congress party and providing ammunition for the UPA’s insidious attacks!
Blatant discrimination
Non Congress states are also put to financial and other discrimination affecting good governance.
Chhattisgarh is a model state as regards providing rice and wheat to BPL families. The UPA shedding tears for the aam aadmi reduced the quota of foodgrains to the state. The Congress led UPA government suddenly and most abruptly cut the kerosene quota by 32% for Gujarat. This meant that Gujarat will be denied 3 crore litres a month.
Due to delayed release of funds the PM Grameen Sadak Yojana has come to a standstill in Bihar. Karnataka declared that it is getting hardly any funds under the PMGSY. Uttarakhand has voiced its concern that the Special Industrial Package granted by Shri Atal Bihari Vajpayee for 2003-2013 was unilaterally cut down in 2007. On protest from the BJP, it was extended only till March 2010. For a Hill State which needs to boost its industry for greater employment potential, this was an unfair rejection.
Bihar produces only 150 mega watts electricity. Two dozen applications for setting up newer production units are not getting clearances as no coal block linkages are being provided. Karnataka is also suffering due to long delay in allocation of coal linkage to its power projects. In spite of several requests Karnataka has not been given gas linkages.
Bihar is also waiting to obtain clearances on a dozen investment proposals of big corporate houses which were interested in setting up ethanol production units in the state. For a state keen on increasing its industries profile and thereby generating employment, the wait has been for more than 4 years. A Government of India order has denied Bihar, without even attempting to resolve any critical issues which may be reasons for this major hold up.
Madhya Pradesh had a deficit production of 785.3 million units of power due to the insufficient allocation of coal to its thermal units. The economies of generating power have also suffered because Madhya Pradesh’s own coal blocks are not allotted to it. It is expected to lift it from states far off resulting in higher production cost. A Union Minister arbitrarily ordered suspension of work on the Maheshwar power project preventing the generation of electricity.
Conversely, Gujarat which has now reached surplus production in electricity is unable to sell its power to those states which desperately need it as no grid connectivity is provided.
States are not consulted when decisions affecting import or export are made. Karnataka alleged that the unilateral decision of the Union Government to drastically reduce the import duty on silk yarn from 30% to 5% has hurts silk economy badly. The sudden ban of cotton export, without consulting Gujarat which produces the maximum quantity has affected the farmers adversely.
It is felt that there is no level playing field in the supply of fertilizers to the states.
In 2008 a panel of 15 state governments, led by West Bengal, had asked the 13th Finance Commission to increase their share in the divisible pool of central taxes to 50% from the existing 30.5%. Calculations show that states have received only 24% of the total revenue in 2011 while their developmental spending is Rs.512, 000 crores, while the centre’s developmental expenditure was Rs.303, 000 crores only.
The States right to financial autonomy for planning annual estimates of expenditure, under Article 202 of the Constitution is severely eroded. A classic example is when the Centre retained Compensatory Afforestation Fund Management and Planning Authority (CAMPA) where the entire money belongs to the states.
Furthermore, states suffer when their legislatures pass crucial Finance and other Bills which await the Governor’s or the President’s consent months on end. Till recently, NDA ruled Bihar had more than 14 Bills some of which were Finance Bills awaiting consent. Other BJP ruled states also are enduring such experiences. Uttarakhand’s Bill to set up Pandit Deendayal Upadhyaya University passed by its legislature is being held up at the Raj Bhavan. We are seeing how the arrogant Congress leadership is handling the making of the Lokpal Bill.
The story of the appointment of the Gujarat Lok Ayukta is a classic case of political and insidious attack. The proposal of the state government has been doing the ‘to and fro’ now for more than 4 years. The state opposition leader belonging to the Congress Party is a member of the selection committee. He has not attended several of the meetings to select a Lok Ayukta. As this session in Lucknow is on, the Governor of Gujarat has sent back the Gujarat Bill saying it is diverting the attention by including the members of the elected bodies such as the Panchayats in its purview. While the entire nation is demanding firm action against corruption the Congress party with its double speak is playing a hypocritical game.
A list by state of such delays and discrimination by the Congress led UPA at the Centre is provided in the Annexure.
The BJP resolves:
- To demand the full and immediate implementation of the Sarkaria Commisssion’s recommendations on Centre- State relations.
- To set up a forum to fight against these attacks and discrimination. We shall engage with all political parties to highlight the issue and draw on mutual support. We shall stand up in solidarity with any non-congress state attacked or discriminated against
- To obtain greater empowerment of the Inter State Council – a Constitutional body mandated in Article 263.
- To free the appointments of the chiefs of the CBI, CAG and the CVC from the clutches of the Government. The selection collegiums should convince themselves without any doubt of the suitability of the candidate.
- To call for a nationwide discussion in the light of the Sarkaria and Justice Venkatachalaiah Commission to revisit the appointment, the role and the functioning of Governors
- To create public awareness on this grave threat to weaken our states and the Federal Polity.
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