The recent political development in the State orchestrated by dissident MLAs of the ruling NPF led DAN government is turning out to be a clear case of desperation on the part of the few MLAs who are convinced that the present Chief Minister must go even if it means the imposition of President’s Rule. The Opposition Congress may be silent or feigning ignorance over the activities of the dissident MLAs but they cannot deny their own interest to see the imposition of President’s Rule after all, several of such demands have already been made publicly and in formal petitions to the Governor but with little success. It is now becoming clear that having failed to dislodge the Rio government, the ploy has now shifted to drawing the attention of Raj Bhavan to use the stick of Article 356 to beat down the government.
It has to be pointed out that the best option for the dissident MLAs would have been to use the legitimate means available i.e. mustering the requisite majority of members to go along with the withdrawal of support to the Rio government. But having failed to do this, the dissident MLAs or even the Opposition Congress cannot go on giving unsolicited advice to the Governor to apply Article 356 in this case, although the Governor does have within his powers, the bounden duty to protect and uphold the constitution. And true this does not rule out the option of President’s Rule. But neither does it mean that Article 356 is a convenient tool to be used freely without reservation.
As for the argument that President’s Rule must be imposed due to ‘horse-trading,’ this is more easily said than done. One would have to remind our politicians who forget easily that the Supreme Court had reprimanded Bihar Governor Buta Singh for his unconstitutional and mala fide exercise of power in recommending the dissolution of the State Assembly about two years ago in October 2005. One should not forget that the Supreme Court, in the Bihar case, held that Governor Buta Singh’s reasoning that some legislators were being induced with offers of money and other allurements were his own opinion and perception, without any material to back them up and that such matters under Article 356 could not be decided on a mere perception.
No one should be fooled into believing that the present Governor of Nagaland because of his Congress lineage will jump the gun on Article 356. There are enough guidelines to be followed and safeguards especially after the Bommai judgment, which no Governor can ignore. Article 356 cannot be taken as a ‘daily bread’ but as a medicine when absolutely necessary to overcome the breakdown of the State machinery. Whatever may be the case, no one would need to doubt the integrity and acumen of the present incumbent and the Governor will hopefully decide in the best interest of the people in the State. For the Opposition Congress and the dissidents, the wise course will be to rein in their demand for imposition of President’s Rule and let the Neiphiu Rio government go through its last few months in office. And if there is any misgiving that the present dispensation has governed badly, is corrupt or unable to maintain law and order, the final court is the people. This is the best democratic course available.
