100 days of Modi- Old Wine in a New Bottle, with new leaky holes

The corrupt, inefficient and dishonest Congress-led UPA government was replaced emphatically by the Narendra Modi and BJP-led NDA government at the center in the landmark 2014 Lok Sabha elections. Expectations were high and thus, close scrutiny was difficult to avoid. ‘100 days’ became the go-to phrase in the media for the government to browbeat its policy decisions or vision, whilst the opposition got a chance to level its criticism on each and every nook and cranny, which is rather unfair. My usage of the phrase was, however, just clickbait to get you to read this article 🙂

Overhauling a system is a hard, incremental and long-drawn affair. However, the first 100 days are indicative of the government’s policy direction, which have been anything but landmark and emphatic. However, things appear to be great, because we stepped out of 10 of the worst years of crony capitalism, policy paralysis and deficient and corrupt governance at the Center, which makes even the most rudimentary common-sense decisions to seem like brain waves emanating from a Nobel-prize winning physicist.

I’ll not do the cursory 100 day analysis or criticism. You’ve read many pieces that hail this “great” government, with even fierce criticism sounding like a shoddy apology. Do read this terrific article in India Today about the shortcomings in execution and personnel in the Modi government. There has definitely been an improvement in the image of the country, with a verbose and strong leader at the Centre. The swearing-in ceremony, Independence Day speech and the Japan trip were examples of terrific showmanship, excellent public relations management and brownie points earnt by posting high-definition photographs on Twitter. In this article, I shall analyze a few things flagged as imminent or high priority by the BJP manifesto or the Prime Minister himself, and how they have figured nowhere in the new government’s priority list.

Black Money
Prime Minister Narendra Modi’s top priority was to bring back the black money as he reinforced in every speech and rally during the election campaign. The current Home Minister Rajnath Singh said that he would bring back the black money from foreign countries within 100 days. BJP leader Subramaniam Swamy said only 2 months were needed to bring back the Rs. 120 lakh crore back to the country, and even advocated abolishing the income tax for 40 years, since we’d have enough revenue not to need this tax. The talk was loud.

But the actions fall short and are insignificant compared to the promises. 100 days are up. Where is the black money? The government has only set up the cursory SIT on Black Money. Ram Jethmalani, one of SIT leads, says that there is a senior BJP minister who is stopping the work of the SIT. The government has taken no action to fulfill the huge number of vacancies in the Central Board of Direct Taxes, Excise and Customs, which would thoroughly investigate claims of corruption across the country. The government hasn’t restructured, repealed or even commented upon the double tax avoidance treaties or participatory notes, which are important in smuggling black money away from India. It hasn’t implemented any of the key recommendations of the White Paper on Black Money tabled in Parliament in 2012. This is the level of inaction of the government when it comes to tackling black money.

Achche din have arrived but only for those who want to keep their black money.

Price Rise

Another important electoral issue that the BJP and Narendra Modi raised was price rise and its effect on the Aam Aadmi. However, in the first 100 days of the BJP government, the prices of petrol, diesel, kerosene, milk, tomatoes, onions, potatoes and nearly every essential commodity went up by astronomical levels. And it’s not as if farmers benefited from this price rise, as they received lower real minimum support prices, adjusted for inflation. The Modi-government indulged in firefighting instead of offering structural administrative, bureaucratic and financial reform. The middleman gained. The hoarders benefited. The Khaas Aadmi rejoiced. The temporary lowering of the wholesale price inflation to below 4.5% doesn’t indicate any structural change, but rather indicates the cycle that inflation has followed in this country.

31% of India voted for him, but it is certain that 100% of India is suffering. However, the government’s excellent handling of the media has ensured that the public focuses only on the cosmetic and relatively minor positives, while ignoring the structural similarities of this government with the UPA.

The Union Budget: Arun Jaitley or P. Chidambaram
For those looking for patterns of similarity, the Union Budget was a clear example of how the Modi government represented cosmetic change and not something more fundamental. The Budget presented by Arun Jaitley had 29 100-crore programs thrown in as bells and whistles, while nearly every line item of expenditure for every Ministry remained the same as P. Chidambaram’s budget. General Sales Tax and Direct Tax Code received the customary piecemeal announcements without deadlines or progress updates. Spending on education and health remained exactly the same, and so did the expenditure on women, children and the socially disadvantaged. There were tax deduction announcements, disinvestment, FDI allotment increases, PPPs, calls for modernization, but somehow the Aam Aadmi remained under the radar for Shri Arun Jaitley. Read this for an in-depth discussion on this year’s Union Budget.

Criminalizing Parliament and Making India Corrupt
For all the talk of removing MPs with a criminal record from Parliament, there has been little talk to follow it up. 12 out of the 44 Ministers in the Modi government have serious criminal charges against them. Nihal Chand, a minister of the government is facing rape allegations against him in a 2011 case. Yet, their cases aren’t even close to being solved and have not been fast-tracked. Uttar Pradesh MP Yogi Adityanath continues to make polarizing statements to flare Hindu-Muslim tensions even as the PM issues a 10 year moratorium on communal hatred. This doublespeak doesn’t go unnoticed. At the same time, the government has shown excessive speed in removing honest officers who fight corruption like Sanjeev Chaturvedi at AIIMS and clipping the powers of institutions that fight corruption like the Delhi Anti-Corruption Bureau. The government may make tall claims about fighting corruption but it has worked only to promote this social and economic evil.

Destroying the Environment

The government has proposed to loosen the regulations and make as many as 19 amendments in the Land Acquisition Act in a bid to please industrialists without taking care of the environment, farmers and the rural poor. The height of the Narmada dam will be raised. Irrigation projects requiring 2,000-10,000 hectares are now exempt from the scrutiny of the Centre and can be cleared by state governments. Those requiring less than 2,000 hectares will require no green clearance at all. The new government has also diluted the Forest Rights Act that requires the consent of the local tribal population for diverting forestland. Instead of gram sabhas (village councils) certifying that their rights had been settled and that they had consented to projects, the district administrations have now been asked to do the same. The process of reviewing the National Green Tribunal Act to reduce the judicial tribunal to an administrative one has been initiated. Slowly and steadily, the government is paving the way for the real backers of the 2014 election, the corrupt businesses of Indian industry to dictate the rules of government and the usage of public goods.

Before labeling me as a greenpeace-jholawallah-anti-national-communist, read these articles on decisions and policy directions of the Modi government that are detrimental to the voiceless adivasis and silent flora and fauna.

Which brings us to the most important point. A government which holds private interests above public good will end up being the same, even if its declared motives are Nehruvian socialism or Hindu nationalism mixed with pro-market (read: pro-big-business) tendencies. The fear with Narendra Modi’s government isn’t that they will do something radically different and crazy, but rather that they will end up being the UPA government. And the first 100 days, an indicator of a government’s priorities and policy goals, exhibit that this government is selling the public old wine in a new bottle, albeit with new leaky holes.

Note: This was written as a short note sent to the spokespersons of the Aam Aadmi Party. It may or may not reflect the official party stand on the issue.

What AAP did in 49 days: Governance of the Common Man

You’re a proponent of new, clean and alternative politics and support the ideals of Aam Aadmi Party. You’re stuck in an endless battle offline or online on Email, Facebook, Twitter, where you’re fighting an indefatigable army of trolls, keyboard warriors and “bhakts”. And there you start arguing about what Kejriwal (lovingly known as AK49, Fakeriwal) and the Aam Aadmi Party, did during their 49 days of governance.

You want to make a telling point but don’t have the time or energy to fight these trolls. You wished that there was a collection of links, posters and text that you could use. Well, this post is your wish come true. To you, my dear elves who love clean politics and evidence-based policy, here’s your quiver of arrows to take on bigoted and idolatry trolls and orcs on the internet. For a directly tweetable microsite, go to AAPGovt. Fire away, my dear friends.

Big Ticket Items from AAP’s 49 day Government

a) Removal of red beacons and end of VIP culture

b) Electricity rates reduced by 50% for up to 400 units of consumption

c) 20,000 liters of free water per month per connection

d) No FDI in retail

e) Hundreds of night shelters for the homeless

f) CAG audit of power discoms ordered

g) Reform in Delhi Jal Board begins

h) Anti corruption helpline 1031 started

i) Nursery admission helpline 011-27352525

j) 1 crore to family of police constable who died fighting the liquor mafia

k) Inspection of 500+ govt schools

l) 36000 contract jobs were made permanent which benefited around 1,80,000 people

m) People’s perspective on the reduction in corruption

Meet the AAP Ministers

Now we come to the sector-wise performance of AAP in 49 days:

Education

• AAP setup helpline for admission in schools. No donation was allowed. Delhi government launches education helpline number 011-27352525 to redress grievances related to school admissions.
  
• Cancelled examination for admission of teachers to primary schools after getting news that the exam papers were leaked. The exam would take place again in a month.
• AAP conveyed to BJP-ruled municipal corporation of Delhi that there are provisions to strip civic bodies of their powers, hinting AAP government could do so if – MCD did not grant “No Objection Certificate” (NOC) for opening new schools.
• Removed departmental quota in admission.
• AAP volunteers check 500 schools in Delhi.

Electricity

• 50% subsidy on Electricity Tariff given. This is given pending investigation of discoms by CAG.
• CAG Audit against power distribution companies approved.
• Discoms to be penalised for unscheduled power cuts.
• People can write to Govt about defect in power meters, 10,000 letters will be randomly selected and their meters will be checked.
• To resolve complaints of “faulty” meters in the capital, the Aam Aadmi Party government plans to rope in Delhi College of Engineering (now Delhi Technological University) as a third-party to check such meters. The move comes after Chief Minister Arvind Kejriwal had announced a new meter-testing drive.

Water

• Free 20K litre/month water promise fulfilled in 48 hours for houses with meters. It was to be self financed by Delhi water board. Any overage above 20K litre customers have to pay full price.
• Delhi Jal Board restructuring on the very first day including Delhi Jal Board CEO and 8 Officers.
• Delhi Jal Board seizes 22 tubewells in South Delhi. This is related to water mafia.
• To address the issue of water crisis in the national capital, Delhi government has decided to revive the “”non-functional”” rainwater harvesting systems in schools to raise the ground-water level. Around 800 government-run schools have RWH pits and more than 50 per cent of them are non-functional, mostly due to lack of monitoring on part of the previous regime of Sheila Dixit.
• Delhi water board officials suspended on corruption. Sting operation is done by HT news and AAP took the action immediately and inquiry is ordered by Manish Sisodia.

Women safety

• Surprise late night time spot checks visits by Rakhi Birla. Bus stands, Auto stands,Police stations checked.
• Vishakha guidelines implemented by AAP, the first political party to do so.

Anti-Corruption

• Arvind Kejriwal orders FIR against Sheila Dikshit in CWG scam.
• Three top govt officials K.K. Goswamy(Deputy Secretriat land and building division),Kiran Taneja(MCD), JL Kathuria(MCD) arrested on corruption charges.
• Chief water analyst Vinod Kumar, meter reader Atul, Patwaari Sunil caught on camera taking bribe suspended in 30 minutes of telecast of news Aaj Tak Channel
• AAP Govt suspends 3 Delhi Jal Board officials and shifts 800 others.
• Software to deal with corruption
• Biometric attendance system/devices for Babus
• Arvind Kejriwal seeks 40 Anti-graft-officers, already got some from police department
• Arvind Kejriwal to open CWG scam files
• Anti corruption helpline launched.
• AAP MLA Somnath Bharati launched website to manage public utility complaints –www.aapconnect.com
• Kejriwal government tables Jan Lokpal Bill and both Congress/BJP oppose the move.
• Two constables arrested in extortion case. This was done through the AAP introduced anti-corruption helpline.
• New anti-corruption helpline number is 1031, in 36 hours 23,000 calls received, one official has been trapped.
• Kejriwal orders CAG audit of Delhi’s Bus Rapid Transit operator
• Case against Mukesh Ambani, Moily over gas scarcity, pricing.

Health

• Delhi to get 100 new ambulances
• All the government and private hospitals in the national capital have been directed to provide “immediate and free” medical treatment to the victims of acid attack or rape.
• Health Minister Satyendra Jain does a major revamp of the entire healthcare sector of the city. 16 out of the total of 34 superintendents of Delhi hospitals were given their marching orders. Many of the medical superintendents were holding the same post over the past many years, which had led to corruption and laxity of work.
• AAP Government issues advisory & directs hospitals, private and government, to provide “immediate medical care, without any delay to persons requiring emergency medical care, especially victims of crimes, road accidents, acid attack, sexual assault or critical patients”; to not hold bodies of deceased persons “under any circumstances” and to not delay processing of death certificates.
• Health minister visits 10 major hospitals in Delhi. Talks to doctors and patients to elicit their problems and suggestions for improvement.
• Email address set up for suggestions from public about their views on problems with health setup and their suggestions for improvement.

Law & Order

• The Arvind Kejriwal-led Delhi government demands action against the cops involved in the case of death of Karan Pandey, the pillion rider who was killed in police firing on the night of July 27-28 last year.
• The government wants accountability fixed on cops in a case reported on Monday of a girl allegedly raped in a car.
• AAP Government Recommends SIT Probe of 1984 Anti-Sikh Riots. Lieutenant Governor gives nod to SIT probe on 1984-anti Sikh riots.

Judiciary

• Delhi government seeks 100 new judges in district courts
• The Delhi government has decided to remove its chief prosecutor in the Delhi High Court, Pawan Sharma, after discovering that his tenure expired three years ago. Sharma was appointed the Delhi government’s Standing Counsel (criminal cases) by the then Sheila Dikshit administration on December 21, 2009, for a term of one year.

Unauthorized Colonies

• Govt prepares road map to use new method to map illegal colonies

Social Justice

• Arvind Kejriwal’s new idea: Abandoned buses as night shelters for the homeless in Delhi
• Delhi Labour Minister Girish Soni has directed his department to ensure that wages are paid to all workers as per the minimum notified rates.
• Delhi Government has ordered an inquiry into the death of six homeless persons who died allegedly due to cold in Nigambodh Ghat area.
• The Delhi government has trained over 100 volunteers to carry out inspections of shelter homes in various parts of the city, in the wake of death of six homeless persons on the streets allegedly due to cold.
• 55 night shelters built by 22nd Jan.
• Manish Sisodia makes surprise visit to homeless shelter provided by Delhi Govt. to check their working.
• One lakh Delhi contract workers to be regularised

Inflation

• AAP government files contempt petition against Centre challenging Centre’s CNG gas distribution policy.
• CNG price slashed by 30%, piped gas by 20%

Taxation

• AAP government simplifies VAT filing system.

Transport Sector

• 5500 auto rickshaw for Delhi-NCR. Auto from Delhi can now enter NCR.
• Arvind Kejriwal-led AAP govt to issue 15,000 autorickshaw permits under SC/ST category

Financial Aid to Martyrs

• AAP government announced one-crore compensation for the wife of a Delhi Police constable killed while on duty.

Austerity Measures

• AAP ministers refuse security, red beacon and other perks such as bungalows
• Kejriwal government has also done away with the practice of keeping reserved elevators for the ministers and MLA’s. People taking the lift standing alongside a cabinet minister is a common sight now.

Note: This post was made possible by an excellent compilation by the NRI Research Team for AAP and the graphics team at HallaBol.

AAP ki Mahila Shakti: Increasing Women’s Political Participation

The Constitution of India not only grants equality to women but also empowers the State to adopt measures of positive discrimination in favour of women – best articulated in the Fundamental Rights which ensures equality and equal protection before the law; prohibits discrimination on grounds of religion, race, caste, sex or place of birth, and guarantees equality of opportunity .

Despite the solemn assurances enshrined in the Indian Constitution women in India continue to be treated as second class citizens by every conceivable index. The truth is that the status of girls and women has deteriorated over the past six decades. The impunity and utter inability of the criminal justice system and the state, to provide solutions, security or justice to our girls and women, has created a situation demanding urgent attention. Clearly what is required is a carefully crafted set of policies and affirmative action together with continuous efforts to change patriarchal mindsets and attitudes at all levels. At the same time, there is a necessity to advance the political freedoms and rights of millions of women across the country which shall help sow the seeds for a slow but steady and non-violent political revolution at the grassroots in the decades to come.

Political parties till date have indulged in tokenism and not concerned themselves with the political, economic and social empowerment of women. A debate on crimes against women on news channels is probably the only time one gets to meet the female leadership within a party. Politics is very much a male bastion, with much of the female representation in our legislature being mostly restricted to relatives (wives, daughters, nieces etc.) of established male politicians. The status quo troubles AAP and it wants to ensure that it doesn’t suffer from this problem in the long run. It wants to change itself from the grassroots. And this change begins with Delhi, and will gradually spread in every state of the country.

In remembrance of our dear friend and Martyr Santosh Koli, RTI and Swaraj Activist, the Aam Aadmi Party took the first step towards empowering women by laying the ground its women’s wing in Delhi on 7th August at 3 PM in Ramlila Maidan – Sundar Nagri. This is our way of paying tribute to Santosh who was taken away from us on this day, last year. While her absence has left a deep void in our hearts, her energy and vision will continue to inspire us. Santosh’s work demonstrated the power of women in public life. The Aam Aadmi Party Women’s wing aims to bring women like Santosh to the forefront of Indian politics to create a better future for the country. We also believe that this women’s wing should not and will not be a piecemeal solution or publicity gimmick, but will rather do its best to raise the issues of women in Delhi, and then scale towards the rest of India. It will attempt to bring women to the mainstream of decision-making, policy-framing and electoral politics, thus truly fulfilling the dream of our Constitution makers.

The Women’s Wing in Delhi will attempt to create ward and booth-level female leaders in each of the 70 assembly constituencies in Delhi. There will be efforts to ensure that progress is made on gender sensitization and mainstreaming simultaneously within the party, whilst maintaining a careful balance. If this initiative is successful and delivers on its ideals, maybe someday, we won’t need a separate women’s wing within the party.

This wing in Delhi will be headed by the AAP MLA, Shrimati Bandana Kumari and the General Secretary is Shrimati Richa Pandey Mishra. The leaders of each district in Delhi and their contact details can be found here.  You can get the latest updates from AAP Women’s wing on Twitter.

We hope that many women will come forward and join this initiative, and make the AAP stand for the Aam Aurat Party as well 🙂

AAP Punjab: The Road Ahead

The Aam Aadmi Party has recently emerged as the only alternative that provides clean, efficient and honest politics. Specifically in Punjab, AAP has struck a chord with voters beyond the urban-rural divide by striking on social, political and economic issues.

The issue of substance abuse has seriously affected Punjabi youth and families, who are very concerned about the matter, which they view as a consequence of lack of adequate economic opportunities and poor political response to the problem. At the same time, corruption has become a cancer within the Punjab government and has eaten away the core of the Punjabi economy, hampered the government’s functioning, discouraged private enterprise and snatched livelihoods of millions. Thus, corruption in government administration and substance and drug abuse problems are two prime issues that AAP will strive towards eliminating in Punjab.

In order to fulfill our vision and promise to the people of Punjab, we are doubling down on our political effort to reach every citizen in Punjab so as to inform, motivate and mobilize their efforts in uplifting AAP to the helm of political affairs within Punjab, whilst dethroning the established entities like the Akali Dal, BJP and Congress.

For this purpose, Suchche Singh Chottepur has been given the responsibility of state convenor and AAP MP Bhagwant Mann has been given the responsibility of campaigning and mobilizing the youth. Another important decision that was made was that strict disciplinary action will be taken against persons who indulge in anti-party activity and seek to kill the idea of clean politics in Punjab by hurting the Aam Aadmi Party.

The Aam Aadmi Party is committed to a drug-free and corruption-free Punjab. We vow to continue to fight and run state-wide campaigns till the idea and institution of clean politics doesn’t become permanent in the land of the five rivers, Punjab.

These decisions and resolutions were adopted at the last joint meeting of the Political Affairs Committee of the Aam Aadmi Party, and the State Executive Committee of AAP: Punjab.

Note: This was written as a first draft of the press-release for decisions made by AAP Punjab. For the actual press release, please check with the state executive office in AAP Punjab.

Mythbusters: 2014 Delhi “Secret Ballot” Edition

In the past few days, political coverage in Delhi has centered around the possibility of a “secret ballot” to form the state government. It started with comments by the former Secretary General of the Lok Sabha, Subhash Kashyap saying that Article 9 of the GNCT of Delhi could be used by the Lieutenant Governor to conduct this “secret ballot”, whilst also citing the 1998 Jagdambika Pal vs. Union of India case. Social media went crazy and news sources started quoting it right, left and center with Firstpost even debating how and why it may not be a good idea for the BJP to take such a step. A sample from one of these articles is produced below:

According to highly placed party sources, BJP’s game plan is based on the Constitutional provisions given under Article 175 and Article 86 of the Constitution, along with the Section 9 of the NCT Act of Delhi. Based on these provisions, the Lieutenant Governor of Delhi would submit a report to the Union Home Ministry and then can call the meeting of the assembly to elect a leader of the house. The elected leader would be the Chief Minister of Delhi. The voting in assembly will be done through “secret ballot” so the chance of those legislators which cross over the camp to BJP from Aam Aadmi Party (AAP) and Congress getting identified is negligible. This would provide them some protection from probably the Anti-defection law also.

However, what the political parties and our quick 24*7 news sources forgot, amidst all this, is actually reading the letter of the law and past judgments. All of them made some grandiose conclusions based on hearsay and poor interpretations. They forgot that the “secret ballot” was a myth that wasn’t even worth attacking. Anyway, since it is a hot topic, this article seeks to debunk the “secret ballot, the myths surrounding it and shed some light on past government formations in Indian states.

The Articles of the Constitution and GNCT Act of Delhi

First of all, this is what Section 9 of GNCT Act of Delhi says:

9. Right of Lieutenant Governor to Address and send messages to Legislative Assembly:
(1) The Lieutenant Governor may address the Legislative Assembly and for that purpose require the attendance of members.

(2) The Lieutenant Governor may send messages to the Assembly whether with respect to a Bill then pending in the Assembly or otherwise, and when a message is so sent, the Assembly shall with all convenient dispatch consider any matter required by the message to be taken into consideration.

Article 175 and Article 86 of the Constitution of India, the parent articles of this section in the GNCT Act of Delhi, say precisely the same thing for the Governor of a state and the President of India respectively. If you read it carefully, nowhere is there any mention of a “secret ballot”. Proceedings in the house are exclusively vested in the Speaker of the House, and the Lieutenant Governor of Delhi has no role in such decision-making on the floor.

Rameshwar Prasad vs. Union of India

Next, several articles and commentators have used the Rameshwar Prasad vs. Union of India case to say that such a test is possible. Here, go read it yourself. All that the Rameshwar Prasad vs. the Union of India case does, is that, it holds the reach of Article 356, as established in Bommai vs. Union of India. The majority dissent says that Article 356 can’t be invoked to cure social ills like political defection. However, there is no mention of a secret ballot in this judgment. However, what is worth reading is the minority/dissent judgment by Justice KG Balakrishnan, who lauded the Governor of Bihar, for bringing to the notice of the President of India, attempts of amoral government formation by political parties, through horse trading and exchange of money.

While the judgment and reach of Bommai vs. India holds, the Lieutenant Governor of Delhi hasn’t shown any of the courage that the erstwhile Governor of Bihar exhibited in 2005/06. The problem with political defection is it’s just like pudding. The proof lies in eating it. And the amoral defection can’t be proven, until it actually happens.

The 2003 Mulayam Singh Government

Another political precedent that is cited often is the defection of BSP MLAs which helped Mulayam Singh Yadav in 2003. Subsequently, the Supreme Court held this entire defection to be illegal. However, even in this instance, Mulayam Singh Yadav went to the Governor, claiming that he had the numbers, with support from Kalyan Singh and Ajit Singh. The BJP should realize that there is constitutional protocol and precedent that needs to be followed. We’re electing the government and Chief Minister of Delhi, not some school monitor.

Curiously, even in this case, there was no “secret ballot”. The defection, the voting and the trust vote was all done in the open. Even during Vajpayee’s fallen government, we know that it was Saifuddin Soz of the JKNC who voted against the government in the no-confidence motion.  The people need to know who their elected government is and who it is composed of.

So where does the myth of the “secret ballot” even come from? It comes from the poor interpretation of the chain of events that occurred in 2 distinct incidents, one in 1998 in Uttar Pradesh and another in Jharkhand in 2005.

Composite Floor Tests: Jagdambika Pal vs. Union of India, 1998 and Jharkhand, 2005

On February 21st 1998, Governor Romesh Bhandari dismissed the Kalyan Singh government and delivered the oath of office to Jagadambika Pal. Read the chain of events in these articles. The President KR Narayanan felt the governor was not constitutionally empowered to decide the majority of a government from Raj Bhavan. Rather, he should have asked Kalyan Singh to prove his majority on the floor of the assembly, again in lines with Bommai vs. Union of India.

Next, in 3 days, on February 24th 1998, the Supreme Court said that there should be a composite floor-test in the House, and it should be peaceful without disturbance.

The floor test happened. The test involved each member casting a vote declaring his support to either candidate and signing on the ballot paper. “In all, 422 votes were cast, but one member deviated from the prescribed procedure and instead of signing on the ballot paper, he put a tick mark against Kalyan Singh’s name. Therefore, I am not counting it,” the speaker said. Thus, no votes that were without a name and signature were admitted.

Here’s the ballot process described in detail. One disappointing and frightening anecdote from the day’s proceedings is reproduced here. It says a lot about the state of the Indian democracy:

Since unprecedented situations warrant novel arrangements, the speaker invited both Pal and Singh to be seated on special chairs placed on either side of the speaker’s podium. A large wooden ballot box, duly thrown open for inspection by all and also overturned on Mayawati’s insistence, was placed below the podium, while members were called in batches of five (in the serial order of the constituencies) to cast their vote on the ballot paper bearing names of the two claimants.

Obviously knowing the legislators only too well, the speaker had the ballot box chained to a table so that no one could snatch it away. And as part of the revised security exercise, all microphones in the sprawling majestic circular assembly hall were removed — to avoid them being used as missiles, as was done last October.

Entry was restricted only to the MLAs, personnel on duty, and the media. No one was allowed to carry mobile phones, pagers, briefcases, and even file covers (which as experience has shown, could be used as missiles).

The Kalyan Singh government was reformed with 225 votes secured by Kalyan Singh, and 196 by Jagadambika Pal.

Under similar conditions, the Supreme Court, in 2005, had ordered the pro tem Speaker of the Jharkhand Legislative Assembly to conduct a composite floor test in the Assembly on March 11 to ascertain who enjoyed the majority, Shibu Soren or Arjun Munda. The SC Bench observed: “If the averments of the petitioner are correct, then the action of the Governor [in appointing Mr. Soren] is a fraud on the Constitution. We want to prevent a further fraud on the Constitution by issuing interim directions.”

So, Why can’t this be used in Delhi by the Lieutenant Governor?

Well, Delhi doesn’t have an elected Chief Minister who has been dethroned by the Governor and/or the Speaker of the House through unconstitutional means. There is no constitutional crisis. Also, within the Delhi assembly, only the Speaker can initiate and/or allow any constitutional or procedural action, not the Lieutenant Governor, whose powers are limited by Section 9 of the GNCT Act of Delhi. There is no “popularity contest” between “competing Chief Ministerial candidates” as in the case of Jagadambika Pal and Kalyan Singh, wherein, a floor-test needs to be established to restore electoral sanity. The BJP hasn’t even claimed to form the government, or asked the Lieutenant Governor to give them a chance to exhibit their “majority”. Also, both these composite floor tests have come as orders by the Supreme Court in response to constitutional crises in 2 states. And finally, even in these tests, every ballot had a signature along with it that is required for it to be counted.

The BJP has 28 seats in Delhi, with the resignation of 3 of its MLAs who became MPs from Delhi. One from the Akali Dal, One from JD(U) and One independent gives them an effective strength of 31 in a house of 67. The Aam Aadmi Party has 28 MLAs (27 de facto, with the opposition by Vinod Binny) and the Congress has 8. Thus, for the BJP to form a government, it needs the open support from at least 6 members of the Congress to reach the magic figure of 34. Which they could very well do, since anti-defection laws define party split-and-mergers at two-thirds. 6 MLAs from the Congress could also resign and give support to the BJP or host by-elections to help the BJP candidate win. They could also get multiple members from the opposition to resign to reduce the effective strength of the assembly. The bottom-line is that there is no way in which the Government can be formed without a tacit understanding between the BJP and the Congress.

All this would be legal but would be completely amoral and reprehensible. Which is obviously, something that isn’t new for the BJP. It would also hold true, one of the constant mottos of the Aam Aadmi Party, that both the BJP and Congress are the same. Literally.

Anyway, the next time anyone throws the “secret ballot” or artificially conjured up rules to suit their purpose at you, break their mythical stories by using my favourite scripture, the Indian Constitution.