Photo Courtesy: BBC

‘Believe or not, the Constitution of India has a provision to throw out a State Government, if it fails  to carry out in accordance with the provisions of the Constitution’.

Two, ‘As per the Constitution of India, freedom of speech is not above and beyond [thesovereignty and integrity of India,] the security of the State, friendly relations with foreign States, public order, decency or morality, or in relation to contempt of court, defamation or incitement to an offence.]’

sadly, from West Bengal, post poll 2021, news headlines and news channels are blaring day in, day out:

Bengal is burning!

Bengal is bleeding!

Bengal has total law and order failure!

There are State sponsored religion- based, political affiliation- based killings.

West Bengal, post poll 2021, is a constitutional failure.

Why and how?

Let’s look through the prism of the Constitution of India.

As you may know, India has its own WRITTEN constitution with 395 articles and 12 schedules.

As a common citizen, look at some Articles of the Constitution and you will be aghast at the situation in West Bengal. (If interested in complete constitution and details, may please visit https://www.india.gov.in/my-government/constitution-india. It is also available in multiple Indian languages)

First concerning Fundamental  Rights of the Citizens:

Article 14: Equality before law

Q: Is it there in Bengal at the moment?

Article 15: Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth.

Q: Is there no discrimination at the moment?

Article 19: Protection of CERTAIN rights regarding freedom of speech, etc.

Q: Is it being protected there at the moment?

Interestingly, the freedom of speech, etc., is not a FREE PASS, as it is made out MALICIOUSLY by some within and outside the country. There are 5  limitations stated in the Constitution, as follows:

  1. Nothing in sub-clause (a) of clause (1) shall affect the operation of any existing law, or prevent the State from making any law, in so far as such law imposes reasonable restrictions on the exercise of the right conferred by the said sub-clause in the interests of  [the sovereignty and integrity of India,] the security of the State, friendly relations with foreign States, public order, decency or morality, or in relation to contempt of court, defamation or incitement to an offence.]
  2.  Nothing in sub-clause (b) of the said clause shall affect the operation of any existing law in so far as it imposes, or prevent the State from making any law imposing, in the interests of 6 [the sovereignty and integrity of India or] public order, reasonable restrictions on the exercise of the right conferred by the said sub-clause.
  3. Nothing in sub-clause (c) of the said clause shall affect the operation of any existing law in so far as it imposes, or prevent the State from making any law imposing, in the interests of the sovereignty and integrity of India or public order or morality, reasonable restrictions on the exercise of the right conferred by the said sub-clause.
  4. Nothing in 1 [sub-clauses (d) and (e)] of the said clause shall affect the operation of any existing law in so far as it imposes, or prevent the State from making any law imposing, reasonable restrictions on the exercise of any of the rights conferred by the said sub-clauses either in the interests of the general public or for the protection of the interests of any Scheduled Tribe.
  5. Nothing in sub-clause (g) of the said clause shall affect the operation of any existing law in so far as it imposes, or prevent the State from making any law imposing, in the interests of the general public, reasonable restrictions on the exercise of the right conferred by the said sub-clause, and, in particular, 2 [nothing in the said sub-clause shall affect the operation of any existing law in so far as it relates to, or prevent the State from making any law relating to,— (i) the professional or technical qualifications necessary for practising any profession or carrying on any occupation, trade or business, or (ii) the carrying on by the State, or by a corporation owned or controlled by the State, of any trade, business, industry or service, whether to the exclusion, complete or partial, of citizens or otherwise].

In one word, freedom of speech is not above and beyond [the sovereignty and integrity of India,] the security of the State, friendly relations with foreign States, public order, decency or morality, or in relation to contempt of court, defamation or incitement to an offence.]

Article 21: Protection of life and personal liberty.

Q: IS IT BEING PROTECTED THERE AT THE MOMENT?

Article 25: Freedom of conscience and free profession, practice and propagation of religion.

Q: Is it being ensured there at the moment?

Article 27: Freedom as to payment of taxes for promotion of any particular religion.—No person shall be compelled to pay any taxes, the proceeds of which are specifically appropriated in payment of expenses for the promotion or maintenance of any particular religion or religious denomination.

Q: Is it being ensured there at the moment?

Indeed, on this account many States are failing. In the light of Article 27, Citizens of India may stop paying taxes to the extent those are used to pay religious teachers and schools.

Article 32: Remedies for enforcement of rights conferred by this Part.

Read what is further there and you will see failure of Supreme court also:

“The Supreme Court shall have power to issue directions or orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, whichever may be appropriate, for the enforcement of any of the rights conferred by this Part.”

Q: Have you heard of issue of any such direction or order or writ in these days?

Let’s now take a look at Directive Principles of State Policy:

Article 38: State to secure a social order for the promotion of welfare of the people.

Q: Do you see social order there at the moment?

Article 53: Executive power of the Union.—(1) The executive power of the Union shall be vested in the President and shall be exercised by him either directly or through officers subordinate to him in accordance with this Constitution.

Q: Is President alive to his power (and duties) at this moment?

Article 154: Executive power of State.—(1) The executive power of the State shall be vested in the Governor and shall be exercised by him either directly or through officers subordinate to him in accordance with this Constitution.

Q: Is Governor alive to his power (and duties) at this moment?

Article 257: Control of the Union over States in certain cases.—(1) The executive power of every State shall be so exercised as not to impede or prejudice the exercise of the executive power of the Union, and the executive power of the Union shall extend to the giving of such directions to a State as may appear to the Government of India to be necessary for that purpose.

Q: Is President alive to his power (and duties) at this moment?

Article 258: Power of the Union to confer powers, etc., on States in certain cases.—(1) Notwithstanding anything in this Constitution, the President may, with the consent of the Government of a State, entrust either conditionally or unconditionally to that Government or to its officers functions in relation to any matter to which the executive power of the Union extends.

Q: Is President alive to his power (and duties) at this moment?

Article 258A: Power of the States to entrust functions to the Union.—Notwithstanding anything in this Constitution, the Governor of a State may, with the consent of the Government of India, entrust either conditionally or unconditionally to that Government or to its officers functions in relation to any matter to which the executive power of the State extends.

Q: Is Governor alive to his power (and duties) at this moment?

Article 356: Provisions in case of failure of constitutional machinery in States.—(1) If the President, on receipt of a report from the Governor 1 *** of a State or otherwise, is satisfied that a situation has arisen in which the Government of the State cannot be carried on in accordance with the provisions of this Constitution, the President may by Proclamation— (a) assume to himself all or any of the functions of the Government of the State and all or any of the powers vested in or exercisable by the Governor 2 *** or any body or authority in the State other than the Legislature of the State; (b) declare that the powers of the Legislature of the State shall be exercisable by or under the authority of Parliament; (c) make such incidental and consequential provisions as appear to the President to be necessary or desirable for giving effect to the objects of the Proclamation, including provisions for suspending in whole or in part the operation of any provisions of this Constitution relating to any body or authority in the State: Provided that nothing in this clause shall authorise the President to assume to himself any of the powers vested in or exercisable by a High Court, or to suspend in whole or in part the operation of any provision of this Constitution relating to High Courts.

Q: Is Governor alive to his power (and duties) at this moment?

Article 357: Exercise of legislative powers under Proclamation issued under article 356.—(1) Where by a Proclamation issued under clause (1) of article 356, it has been declared that the powers of the Legislature of the State shall be exercisable by or under the authority of Parliament, it shall be competent— (a) for Parliament to confer on the President the power of the Legislature of the State to make laws, and to authorise the President to delegate, subject to such conditions as he may think fit to impose, the power so conferred to any other authority to be specified by him in that behalf;

Q: Is Governor alive to his power (and duties) at this moment?

Article 365: Effect of failure to comply with, or to give effect to, directions given by the Union.—Where any State has failed to comply with, or to give effect to, any directions given in the exercise of the executive power of the Union under any of the provisions of this Constitution, it shall be lawful for the President to hold that a situation has arisen in which the Government of the State cannot be carried on in accordance with the provisions of this Constitution.

Q: Is Governor alive to his power (and duties) at this moment?

Even one Nay should be reason enough to declare it a failure of the State. What if you get multiple Nays?

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