India

blind eye to constitutional institutions

Earlier, perhaps in the history of independent India, there was no such instance of constitutional institutions becoming a part of politics and playing blindly with the parties, as is being seen now. From the center to many states, many examples have been made. But the case of Jharkhand is the most interesting. The BJP is in a political battle with the ruling JMM and Congress alliance in the state. But constitutional institutions are also playing a blind eye in this fight. Many institutions including the Election Commission to the Governor of Jharkhand and the Speaker of the Assembly are involved in this game of eye-balling.

The complaint of BJP leaders about the office of profit case against Chief Minister Hemant Soren had reached the Election Commission through the Governor, which was heard for some three months. Last month on August 18, a week after the final hearing and the filing of written reply, the Election Commission sent its report to the Governor on August 25. No one officially knows what is written in this report. But from day one it is believed that the commission has recommended the termination of the membership of the Chief Minister. For more than a week, the Governor has been sitting on that report. There is a situation of uncertainty in the state due to non-issuance of its notification.

Similarly, the matter of membership of BJP Legislature Party leader Babulal Marandi is pending with the Speaker. Marandi merged his party with the BJP a few days after the assembly elections in December 2019. But out of the three MLAs of his party, two challenged his decision and declared the merger with the Congress, claiming to be the real party itself. Both the MLAs did Marandi and Marandi proposed to the Speaker to cancel the membership of both the MLAs. The decision on this has been stalled for more than two and a half years. It is believed that if the membership of Chief Minister Hemant Soren goes, then Speaker Babulal Marandi will also cancel the membership. Think, both the Governor and the Speaker are constitutional bodies, but both are sitting on hold for political reasons.

One such interesting case is that of the courts. The matter of handing over the investigation of alleged fake companies of the Chief Minister and his family to the CBI is pending in the High Court and an appeal on the same is also pending in the Supreme Court. But for months no decision has been taken. The most interesting case is that of the Lokpal. BJP won the election in 2014 only by taking advantage of the Lokpal movement, but a case related to Shibu Soren is pending with that Lokpal for more than a year and the decision is not coming. This is the condition of constitutional institutions, leave aside political raids by central agencies!

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