AS YOU LIKE IT DAYS
-Cutting corners
Ashok Mitra, THE
TELEGRAPH, 24.02.12
In the forenoon of a working
day last month, West Bengal’s minister for municipal services and urban
development called a press conference at the Writers’ Buildings, headquarters
of the state government. He had important news to convey; the chief minister had
decided to relieve the mayor of the Calcutta Municipal Corporation of three key
portfolios he was holding charge of and reallocate them among other members of
the mayor-in-council; this was being done pursuant to the chief minister’s
intense concern to improve the functioning of the corporation. Later in the
day, the mayor, looking appropriately sheepish, admitted to the press that,
yes, such a reshuffling of portfolios had indeed taken place.
This was an extraordinarily
curious occurrence. For the CMC is not a corpus of the state government. It is
a separate body set up under a statute enshrining the principles of local
self-governance. The jurisdiction of the corporation spreads over more than one
hundred wards, each of which elects, on the basis of adult suffrage, a
councillor for the corporation. The councillors, in their turn, elect the
mayor, who then chooses, from among the councillors, an executive body known as
the mayor-in-council. The allocation of portfolios among members of the
mayor-in-council is the exclusive prerogative of the mayor.
The state chief minister has
per se no business therefore to decide which portfolio or portfolios the mayor
of the corporation or members of the mayor-in-council will hold. What she did
was altogether outrageous. The outrageous is however tending to emerge as the
standard rule in the neighbourhood since she took over nine months ago. Her
party has an overwhelming majority as much in the corporation as in the state
assembly. Far more important, whatever she says is the final word in the party;
all power is controlled by her, all power flows from her. This basic datum is
casting its shadow on the state administration she presides over. The dividing
line between the party and the government is also turning into a nearly
invisible blur. The precincts of the government are being treated as catwalk
for the party as well. The chief minister has made it known to everyone around
that in her reign, only her mind matters; she makes up the mind for every other
minister. She decides anything and everything not just in the state
administration but for the municipal, panchayat bodies and public sector
undertakings as well. She is no longer the minister for railways at the Centre.
So what; since the successor is her crony, she keeps announcing, on her own,
new rail routes for West Bengal almost every week.
The episode of reallocating the
responsibilities of individual members of the mayor-in-council of the CMC is
merely a more glaring specimen of the new order roaringly asserting itself.
None dared to question even the propriety, leave aside the legality, of the
usurpation by the government of the corporation’s jurisdiction. There was not a
squeak even from the Opposition ranks. Nor did any civil society enthusiast
rush to post a public interest litigation with the high court. Demoralization
has obviously entered the soul on a very wide scale; as if it is being taken
for granted that where political power is captured by a party in which only the
leader counts, the rule of law must come to a standstill.
This should not have been so.
The country has a Constitution which lays down norms of demeanour and conduct
for administrative agencies at different levels. It also details mechanisms
that will get activized if these norms are breached. The West Bengal chief
minister, however, has circumstances in her favour. The polity, she knows, is
now stuck at a stage where no discipline is enforceable. She can, for instance,
hold the government in New Delhi hostage and give free rein to her arbitrary
ways. The series of heady political successes she has scored in the recent
period might also be in part responsible for a touch of megalomania affecting
her reflexes.
These reflexes can have
disturbing implications for a democratic system. The chief minister is, on the
face of it, determined to see that her party is established as the only
relevant category in the state, she wants to wish away the existence of other
formations. Of late, she has been visiting district towns and holding
discussions with functionaries of the district administration on developmental
issues. A strange pattern has been unfolding. Where the district panchayat
chief is her acolyte, the person is invited to these discussions. In case the
individual concerned has a different political affiliation, he/she stays
uninvited.
That rules and grammar do not
matter anymore is illustrated by another lurid episode. Campus disturbances are
the order of the day in the state. In one college, a group of students aided by
outsiders owing allegiance to the party of the chief minister badly roughed up
the college principle. They were allowed to get away. Following public outcry,
they were later gathered in, a bailable charge was casually registered, and
they were released immediately on bail. A similar incident of alleged
manhandling of the principal was reported for another college. This time, the
students accused of the offence had their allegiance with a political party in
the Opposition. They were promptly arrested on multiple non-bailable charges and
were repeatedly refused bail. After spending a full month in jail, they finally
got back their liberty on the intervention of the high court. In both
instances, the police had evidently been following the directives of the state
government; the minister for home affairs is the chief minister herself.
Also consider the strange
decision that has caused much heartburn among the Opposition. Ministers use the
press corner at the state secretariat all the time to talk on political issues.
A recent order, on the other hand, prohibits legislators from using the
premises of the state assembly to address the press when no session is on. It
can be a case of lapse of decency, but can it not as well be interpreted as an
advance warning of creeping authoritarianism?
The worst victim of the chief
minister’s purposive contempt for norms is her own finance minister. He was
unable to present a proper budget and had to satisfy the minimum requirements
of the Constitution by putting together a patchwork or an annual financial
statement. No precise budgetary estimates have been possible because it will be
a tale of trying to put up a structure on shifting sands. The expenditure side
of the state’s budgetary accounts has been getting continuously revised since
the chief minister persists with the habit of proclaiming a new scheme,
involving a not-at-all negligible outlay, at every public function she
addresses morning, afternoon and evening. At the same time, she will not,
repeat not, allow the finance minister to make any fresh tax proposals that
might be detrimental to her populist image. The only way out for the finance
minister is, therefore, to pretend to provide for the ever-mounting public
spending by imagining additional accrual of revenue through a toning up of
administrative procedures and modalities of revenue collection. The eyewash
does not deceive anybody. It is an impossible arithmetic for the state finance
minister and he can only hope for extra funds from the Centre to bail him out,
or, alternatively, a moratorium on loan repayments. At this point, the problem
ceases to be his concern, and becomes, as it should be, that of the chief
minister.
She has her weaponry. She
believes she can threaten to withdraw her support to the United Progressive
Alliance regime at the Centre unless special dispensations keep travelling from
New Delhi in her direction. The strategists in the nation’s capital will not
like to be blackmailed in this manner. A cat and mouse game is currently on.
Those precariously perched on their seats of power at the Centre will perhaps
be reluctant to allow a situation to develop where the government of West
Bengal is unable to meet even the salary bill of its employees. It has,
however, its own constraints. It will have difficulty entertaining the demand
of the West Bengal chief minister for ‘untied’ funds that she could use to
finance the freebies she promises unceasingly to her electorate. Nor can it
agree to a moratorium on debt repayments for the state. One particular state
can hardly be treated as sui generis, the other state regimes are closely
watching the proceedings.
The West Bengal chief minister
has embarked on an experiment. She aims to set up a personalized,
near-authoritarian hegemony in one part of a country that has a formal
Constitution with a framework of democratic norms. Governance, she has decided,
is no different from an as-you-like-it sporting event. She is an optimist; the
chaos in New Delhi, she believes, will act to her advantage. The Centre is in
no position to lecture her. It is so enfeebled that it is incapable of
disciplining even its own ministers, they go their different ways, the concept
of collective responsibility has found its way to dusty death. Just as A. Raja
did his own 2G allocations, never mind the views of the prime minister, the law
minister, no less, defies the electoral laws, never mind the Election
Commission; the home minister flaunts provisions of the National
Counter-Terrorism Centre, which tramples provisions of the Constitution. It is
a free for all. The West Bengal chief minister is savouring — and availing of —
the bedlam even as she, quite conceivably, guides her own state into a state of
bedlam.
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