The 356 hangover

 

 

It was a drama whose climax had been written even before the first act. Political manoeuvring following the Supreme Court verdict disqualifying 13 BSP rebel MLAs in U.P. was to see Mulayam Singh Yadav's sinew. Being a target of Samajwadi Party leaders’ vitriolic barbs ever since Congress came to power at the Centre in 2004, Sonia Gandhi seems to have made up her mind soon after the verdict. Even though elections to the UP Assembly were announced from 7 April in seven phases, an obstinate anti-Mulayam group in Congress still pressed for dismissal of the state government.

The Congress Working Committee unanimously recommended imposition of President’s rule in the state. The party cajoled Nationalist Congress Party (NCP) chief Sharad Pawar into supporting the move while Manmohan Singh called on both Kalam and CPM General Secretary Prakash Karat. If dismissal of Mulayam government seemed difficult due to legalities involved, the Centre contemplated dissolution of U.P. Assembly without dismissing it, an outrightly unconstitutional and desperate move to dislodge Mulayam. The move was vetted by Union Home and Law ministries on the pretext that the five-year term of the assembly ends on 25 February as it was constituted on 26 February 2002. Official sources claimed that the 'exercise' would not require invoking Article 356 of the Constitution but an 'easier route' to dissolve the House on completion of the five-year term. But the Constitution provides that the life of the House starts with the first sitting of the assembly. The first meeting of UP assembly took place on 15 May 2002. This was why the Chief Election Commissioner N. Gopalaswamy announced that “There is time till May to conduct the UP assembly elections”.

The centre wanted the governor to dissolve the assembly

“We were supporting Mulayam government for past three years because till then the matter was sub-judice. But, once the government has been declared illegal by the Supreme Court, it should be dismissed immediately”, UP Congress chief Salman Khurshid told TSI. The Centre was afraid that once Mulayam Singh proves his majority, it would be difficult to dislodge him.

Despite the Centre’s bravado, it may not dismiss the UP government as the whole exercise was probably aimed at portraying Mulayam as the one heading an 'unconstitutional government' for three and a half years, a potent electoral issue. Posturing sometimes pays higher dividends in politics than words or actions.