[ Daily New and Analysis, 23 Feb 2012 ]
In the wake of the NCTC (National Counter-terrorism Centre) controversy, the Prime Minister of the Union of India, Manmohan Singh has written to the Chief Ministers that “In forming the NCTC, it is not the government’s intent in any way to affect the basic features of the Constitutional provisions and allocation of powers between the States and the Union.” But words are as just that – words. It is the wording of the proposed legislation that matters. The proviso provided in the draft legislation flies in the face of the pious banalities about the central government’s intent and attitude towards the federal nature of the constitution and lays it out rather clearly – the police/enforcers under the NCTC can a person from any state, without informing or consulting the state police agencies. Draconian and Gestapo-like to say the least, there is another problem. As it happens, the constitution, law and order is a state subject. In the long process post-independence where the provinces have been reduced to impoverished alm-seekers, this legislation goes for the jugular. This is serious stuff from a section of the India Congress think-tanks.
The constitution, at its outset, reads, “India, that is Bharat, is a union of states.” Without the states uniting to form a federal system, there is no India. All the power and legality that the union government at New Delhi wields stems from this act. Same goes for its hubris when it dictates as Rex Imperator to the states through its non-statutory, non-elected appendages like the planning commission. The Sarkaria commission of 1983 had a large set of specific recommendations to review centre-state relationships and power sharing in the spirit of a federal union. The commission’s recommendations have essentially been frozen to death. Given the persistent encroachment of the centre on state rights on various issues, review of the concurrent list in favour of decentralization is a pipe-dream at present. What could have embodied the spirit of the Indian federal union, the Inter State Council, has been made into a toothless talking-shop, rather than the real state of policy review and consultation it should be.
The chief minister of Paschimbanga (West Bengal), Mamata Banerjee, has thrown spanner into such province vassalization designs – now twice in a row. For long described in mainstream corporate media as a speed-breaking tantrum thrower, she has been able to line up almost every chief minister except Congress appointees to chief ministership to certain states. First through opposing the mandatory provisions about the Lokayukta in the Lokpal bill and now opposing the draft NCTC legislation, she has done what every state, including Congress-ruled states, should be doing – opposing the anti-federalist designs of the Union government. The pundits who detest the ‘disproportionate’ clout of ‘regional’ political forces should for once thanks these forces for standing up for the constitution, where the pre-eminent ‘national’ party has been found wanting. One can only note the cynical opposition of the BJP to the NCTC, the big ‘national’ group, given its sordid past of advocating very similar legislations like POTO which had provisions for federal policing and were as anti-federal any other. UPA ruling forces like the Trinamool Congress and National Conference, non-UPA ruling parties like JD(U), AIADAMK, TDP, BJD, Nagaland People’s Front and CPI(M), regional opposition parties both inside and outsie the UPA like the DMK and TDP have also made clear that they serious exception to the NCTC as proposed.
The Delhi-controlled Indian Union as it stands today is in a big way the product of a reverse swing of the pendulum that started with the rejection of the Cabinet Mission plan of 1946. In the eve of parition and subsequent formation of the Indian Union, the ultra-centralized beast that we have at hand was unthinkable. While many Indians gloat at Pakistan’s long tryst with the ghosts of partition and separatism, partition and the resultant elimination of the major chunk of non-Congress political sphere enabled the central government of India to create a state that is a federal union only in name. This old Nehruvian disease, not surprisingly, also infects the Mahasabha-JanSangh-BJP lineage, who have their own delusions of unitary nationhood.
The portrayal of the NCTC impasse as some kind of a Mamata versus Congress flavour of the week shows the degradation of the level of public discourse, especially in the television media. A supreme ignorance of the nature of the constitution and political evolution of the Union is apparent in the coverage by photogenic faces who serve inanities by the mouthful. And why not? The media elite is an inseparable part of that Delhi-based illuminati, also comprising of policy think-tanks, security apparatchiks,immobile scions of upwardly mobile politicians, the higher bureaucracy and all the stench that connects them. This cancerous network of self-servers are curiously simply ‘Indians’ – largely devoid of the visceral rootedness that this large land provides to its billion. Their regional identity is hidden shamefully, displayed diplomatically, cashed in cynically and forgotten immediately. What is most dangerous is that their plan of destroying India’s federal structure is not conspiratorial but inadvertent – a joyride by default where speedbreakers were not expected. This is a window to the mind of the deep state at Delhi.
This deep state – eating away at our plural fabric, creaming at the thought of the Delhi-Mumbai urban corridor, holds a disproportionate sway over the billion who are not simply Indian. This unacknowledged billion comes with its proud identity and sense of autonomy. Its diversity is still a robust one, not a brow-beaten domesticated version fit for DilliHaat consumption. Be it calculated manoevering, Mamata has twice taken the initiative to bell the cat. But forces need to gather like the ‘thuggies’ of yore. This cat called India needs to be strangled, so that the Union of India lives.