An article
written by R. B. Singh that was originally published in Our Leader (Allahabad
edition) on October 22, 1993
Events are events, they cannot be denied: it is
better to have a clear and distinct vision of the past to provide a safeguard
against the re-occurrence of them in future.
Bengal had been termed always,
the laboratory of India; it had also been said, “What is occurring in Bengal
today, will occur in the rest of India tomorrow.
Following the events of February 14, 1968
Shri Dharam Vira, Governor of West Bengal, might have summoned Dr. P. C. Ghosh,
Chief Minister of the state, belonging to the Progressive Democratic Front
Congress Party, members of his Council of Ministers, secured an advice from
them for dissolution of the Legislative Assembly and mid-term poll. He would
have dissolved the Legislative Assembly in exercise of his powers under Article
172(2) (b) of the Constitution of India, asked Dr. P. C. Ghosh and his Council
of Ministers to function in caretaker capacity, wrote to the Chief Election
Commissioner to make arrangements for the mid-term General Election, but he did
not choose the above instead he preferred to submit a report to the President
of India in exercise of his powers under Article 356 of the Constitution of
India while reads:
(i) If the President on receipt of report from
the Governor of a State or otherwise, is satisfied that a situation has arisen
in which the government of the State cannot be carried on in accordance with
the provision of this Constitution, the President may be Proclamation
(a) assume to himself all or any of the
functions of the Government of the State and all or any body or authority in
the State;
(b) Declare that the powers of the Legislature
of the State shall be exercisable by or under the authority of Parliament.
(c) make such incidental and consequential
provisions as appear to the President to be necessary or desirable for giving
effect to the objects of the proclamation, including provisions for suspending
in whole or in part the operation of any provisions of this Constitution relating
to anybody or authority in the State:
Provided that nothing in this clause shall
authorize the President to assume to himself any of the powers vested in or
exercisable by a High court, or to suspend in whole or in part the operation of
any provision on this Constitution relating to High Courts.
He
wrote to the President of India:
As
you are aware the United Front Ministry led by Shri Ajoy Kumar Mukherji as the Chief Minister
ceased to hold office on the 21st November 1967 and the Ministry headed
by Dr. P.C. Ghosh, leader of the newly formed Progressive democratic Front, and
supported by the Congress Legislature Party was sworn in on the same day.
I
enclose a copy of the press announcement from Raj Bhawan of the 21st
November 1967 which give the necessary back ground in this regard and which I
authorized for issue at the time. Also enclosed are copies of the relevant
gazette notifications on the subject.
On
the advice of the new Chief Minister, Dr. P. C. Ghosh I summoned a session of
the state Legislature to meet on the 29th November 1967. At the
commencement of the sitting of the Legislative Assembly on that date and before
any other business could be taken up, the speaker made a written statement in
the first paragraph of which he remarked as follows:
“
I am prima facie satisfied that the dissolution of the Ministr headed by Shri
Ajoy Kumar Mukherjee, the appointment of Dr. P. C. Ghosh as Chief Minister, and
the summoning of the House on his advice is unconstitutional and invalid since it has been effected behind the back of
this house. Pending a full and proper examination of the matter, in exercise of
the powers vested in me under Rule 15 of the rules of procedure of this
Assembly I adjourn the House sine die.”
I
enclose a copy of the Speaker’s statement. This was followed by compete
pandemonium in the House during which the Chief Minister was hit by a heavy
metallic object hurled towards him causing him, fortunately, only a minor
injury. The Legislative Council also met on the same day and passed a motion of
confidence in the Ministry headed by Dr. P. C. Ghosh.
On
the advice of the Chief Minister I prorogued
the Legislative Assembly with effect from the 30th November
1967 and also on his advice, the Legislative Council with effect from the 1st
December 1967.
On 21st November 1967 I had sworn in
the two other Ministers belonging to the Progressive Democratic Front along
with the Chief Minister. The Ministry was subsequently enlarged by the addition
of four Ministers and four Minister of State, all belonging to the Progressive
Democratic Front. The congress party in the state Legislature later decided to
form a coalition with the Progressive Democratic Front and on the 15th
January 1986 , six Ministers belonging to the Congress Party, were appointed on
the Chief Minister advice. The Progressive Democratic Front, Congress coalition
Ministry thus came to consist of the Chief Minister, 12 Ministers and four
Ministers of state.
The
legality of appointment of the Ghosh Ministry was contested by three writ
petitions in the Calcutta High Court. On the 6th February a Judge of
the Calcutta High Court after a contested hearing delivered an elaborate
judgment and upheld my legal competence to take the action I had taken as
Governor of the State. A copy of the Judgement is enclosed. I understand that
an appeal has been filed before the appeal bench of the High Court against that
Judgment.
On
the 11th February, 18 MLAs wrote to me withdrawing their support to
the Progressive Democratic Front Congress coalition Government from that date.
Some of them also came to see me alongwith Shri Ashutosh Ghosh , MLC. These
MLAs formed a Front called the Indian National Democratic Front under the
leadership of Shri Syankardas Bajerji, MLA. There were some tals between the
MLAs who formed Front and the United Front Leaders for forming an alternative
Government.
In
this connection Shri Ajoy Kumar Mukherji, leader of the United Front and Former
Chief Minister, and Shri Jyoti Basu, former Deputy Chief Minister, met me on
the 13th Feburary. They handed over to me a copy of their letter to
Shri Shankardas Banerji offering the United Font’s support to his party on
certain conditions. They said that as the congress, Progressive Democratic
Front coalition had lost its majority, that Ministry should be dismissed and
Shri Shankardas Banerji invited to form a new Government with the United Front
support. I told them that as the Assembly was to meet on the 14th
February, the question of relative strength of the parties could easily be
decided on the floor of the Assembly. I pointed out to Shri Ajoy Kumar Mukherji
that this was the identical advice I had given to him and only when the
disregarded my advice that other action by me followed.
Shri Ajoy Kumar Mukherji and Shri Jyoti Basu
hereafter requested me not to address the joint session of the Assembly and the
council on the 14th February as they did not like any unseemly
incidents to occur. I told them that I had certain constitutional obligations
and they had to be discharged. Merely a danger of incidents could not deter me
from discharging my constitutional obligations. There after after Shri Ajoy
Kumar Mukherji and Shri Jyoti Basu urged that I should recommend to you the
President’s rule because if the President’s rule could be introduced even for a
day they would withdraw the agitation against the calling of the Assembly being
illegal and would not mind if thereafter, if I thought that Dr. P.C. Ghosh
enjoyed a majority, I invited him to form a government again.
I
told them that the question of President’s rule or some other action could be
considered only after the Assembly had met. These matters could not be decided
in advance.
The
first session of the State Legislature for 1968 was summoned by me on the
advice of the Chief Minister to meet on the 14th February, 1968.
According to the Constitution I was required to address a joint sitting of both
the Houses of the Legislature. After the legislature was summoned the leaders
of the United Front declared that they would prevent me from entering the
legislature and delivering my address and would do everything to disrupt the
functioning of the Assembly. When I went to the Assembly to deliver my address
a determined group of MLAs, belonging to the United Front demonstrated against
me and attempted to prevent me from entering the legislative chamber through
the usual entrance. However, I was able
to go into the legislative chamber by a side entrance and amidst great
pandemonium began reading my address. I was able to read only a portion my
address explaining the cause of summons and as because of the pandemonium there
was no point in my continuing to read my address, I left the Chamber.
A
motion of thanks was thereafter proposed by one of the members of the council
and seconded by another.
He
pointed out that the controversial Article was nothing but a rewritten version
of the draconian section 93 of the Government India, Act 1953. “We have proved
Churchill’s observation that Indian are not fit to rule themselves” he said
“What
we now have is a situation where a Chief Minister of state has to make 10 to
20 trips to Delhi every month and the
opposition demands imposition of President’s Rule rather than stake a claim to
form a stable government. Article 356 must go. The commission must recommend
its removal, for Article 352 and 356 are sufficient” he said.
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