Statement of Shri Ravi Shankar Prasad
National Spokesperson & MP

The BJP Condemns Abuse Of Article 355 by The UPA Government

The BJP strongly condemns the move of the Government of India to issue directives under Article 355 of the Constitution of India to the governments of Karnataka and Orissa, ruled by the BJP and the BJP-BJD alliance respectively. The entire action is politically motivated, highly prejudicial, patently discriminatory and a belated attempt by the UPA government to divert the popular attention over its abject failure to take strong and effective measures to contain terrorism in the Country which has left a painful legacy of insecure India where terrorists are killing the innocent people with impunity.

The entire action is not only an abuse of constitutional provisions but shows rank double standards. In the State of Assam (ruled by Congress) large number of innocent Hindi speaking and other bona-fide residents of Assam have been killed by elements encouraged by ULFA and other extremist organisations for the last few years wherein the State government failed to give any security. Yet, never any directive under Article 355 was given. Another glaring fact needs to be noted in this context. In Writ Petition No. 131 of 2000 decided by the Supreme Court on 12th July 2005, the Court while declaring the Illegal Migrants (Determination by Tribunals) Act 1983 (IMDT) as unconstitutional has held vide paragraph 38 of the judgement that because of large scale infiltration the State of Assam is facing external aggression and internal disturbance as enjoined in Article 355 of the Constitution. The Court asked a very relevant question “having regard to this constitutional mandate the question arises whether the Union of India has taken any measure for that purpose”. Instead of obeying the Supreme Court judgement, the UPA government acted to the contrary and purely for vote bank politics in view of Assam elections, issued Foreigners’ (Tribunals for Assam) 2006 order, which brought IMDT from the back door. The Supreme Court again quashed the notification and questioned the bona-fide of the Government.

Recently in Nandigram, the Left government in West Bengal unleashed reign of terror on innocent protesters. Many people were killed in Police firing, forcibly driven out of their home by the CPM cadres and even media was not allowed to enter the area. The nation saw all these repeated excesses on television. Yet, the UPA government never thought of taking any action much less issuing any directive under Article 355. Recently in Maharashtra, in Mumbai and else where certain elements openly targeted North Indians and Hindi speaking people causing injury and damage to property in repeated incidents. Yet, the UPA government never thought of issuing any directive under Article 355 because it is ruled by the Congress. It is obvious that for UPA different rule exist for Congress, CPM and BJP ruled State governments. This is political hypocrisy and vendetta politics at its worst.

The State governments of Orissa and Karnataka have taken all requisite steps to contain the situation. In fact, about a fortnight ago Writ Petition no. 404 of 2008 was filed by Arch Bishop Raphael Cheenath in the Supreme Court requesting for various reliefs including a directive under Article 355 against the Orissa government. Only last week the Additional Solicitor General, appearing for the Union of India told the Court that the situation in Orissa is fast becoming normal. In fact the State government had complained that sufficient Central forces have not been sent as requested. However, how in one weeks time the UPA government is taking a different stand appears to be very curious. In the affected area 246 people have been arrested and more than hundred cases instituted. In the entire state of Orissa nearly 650 people have been arrested. Relief camps have also been established for affected people. The government is doing its best to arrest the killers of Swamy Laxmananand Saraswati, a highly respected saint. The situation is fast turning normal.

In case of Karnataka, the Chief Minister along-with the Home Minister reached Mangalore on the very next day i.e. 15 September and the Home Minister along-with senior Police Officers camped for five days. Till now, 163 people have been arrested and other required action taken. The pamphlets brought about by-elements close to Neo-Christian movements like “New Life” and “Penta-costal” abusing Hindu Gods in derogatory language has only complicated matters. The State Government has taken tough measures and the situation has become normal. Both, the Governments of Karnataka and Orissa are popularly elected governments and are quite capable and in fact are governing their States quite well unlike the mess, which the UPA government has created for India. The people of the Country would certainly respond effectively to this patent abuse of constitutional provisions by a vindictive UPA government, which has taken these steps only for vote bank politics.

(Shyam Jaju)
Headquarter Incharge