Tuesday, April 22, 2014

Dinesh Kamath's Editorial 'Law should be amended to prevent fractured mandate' that was published in Newsband

Law should be amended to prevent fractured mandate
Lieutenant Governor of Delhi has to decide whether to recommend dissolution of the Delhi Assembly or not. Lt. Governor did not accept the outgoing regime’s recommendation to dissolve the House. The rule says that the legislature can be dissolved only after the Proclamation imposing President’s Rule receives the approval of both Houses of Parliament. Both the Houses have approved the Proclamation, but the Assembly continues to remain suspended. The AAP has approached the Supreme Court challenging the non-dissolution of the House and seeking fresh elections.
A fresh election is the obvious way out of the present impasse, but none can guarantee a decisive verdict with any one party winning a majority. The only option will be for parties to work together for a reasonable period of time so that repeated, frequent polls are avoided since fresh election would impose additional burden of expenditure on the electorate.
Having won 28 seats in the assembly, with 8 short of majority, the AAP should have played the role of constructive opposition, allowing the single largest party BJP to form the government. AAP did the mistake of taking the support of Congress, the very same party it opposed in the elections.
Arvind Kejriwal is being criticized for relinquishing his position as Chief Minister of Delhi. But these critics should understand that if AAP continued in government for some more time, Congress would have toppled the government anyway. Also BJP had refused to form government and AAP did not request Congress' support, they offered unconditional support. AAP was not in any tie-up with Congress. It was a wise move to form the government owing to which they got attention from all part of the country. It’s normal that the government which fails to pass such an important bill need to resign. There are many to criticize destructively a small party that formed an year ago, and sincerely trying to make a change, but support the most corrupt parties.
The truth is both Congress and BJP think the sins of each party can be washed away to some extent if AAP is aligned with either one of them. Congress wanted to do so by offering unconditional and uncalled for support for AAP in Delhi, and now some section of BJP thinks to root out corruption AAP should have joined hands with BJP. But AAP knows it clearly both are villains to its core policies namely achieving the true democracy through self rule and anti-corruption.
AAP whose primary motto is to clean this corrupt system would never compromise on the fundamental principal on which it was formed. It can never be power hungry and do whatever it takes like Congress and BJP to stick to power.

People must use their votes judiciously to elect a party or a coalition that promises to meet their aspirations. But a fractured mandate is a reality and we should consider enactment of suitable amendments in the Representation of People’s Act and related election rules to take care of situations like the one in Delhi. Unfortunately our political parties are simply not concerned about such amendments as they are busy indulging in political games to fool the people and to somehow seize power and retain it.

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