Plea In Supreme Court Seeks Declaration Under Article 356 To Consider Imposing President's Rule In West Bengal

Introduction

In West Bengal, there has been violence after the post-poll result and it resulted in the political rival party workers clashes, homes were looted, death of several people, and all this led to pressurization by the Union home ministry and state governor to seek reports.

However, all such charges were rejected by TMC and Mamata Banerjee appealed for peace across the state. The BJP claims that hundred party offices and houses of its workers were ransacked across the state since Sunday only and all such incidents took place only after the victory has emerged in assembly elections. the videos have been shared by BJP workers showing offices with bamboo poles and roof tiles burning.

Around six people were killed and hundreds of houses were ransacked. Reports of such violence are poured from all constituencies. All this violence led to the filing of a petition before the Supreme Court.

Background Facts 

A petition has been filed by the Tamil Nadu-based 'Indic Collective Trust through lawyer Suvidutt M S before the Supreme Court alleging widespread violence and disruption of law and order in West Bengal in consonance to assembly polls and claiming imposition of President’s rule and deployment of both the central forces and probe by apex court retired judge into the targeted pogrom.

Further senior advocate and BJP's national spokesperson Gaurav Bhatia also moved the Supreme Court seeking CBI probe into such sought of violation that took place during and after the assembly polls.
 
Mamata Banerjee-led Trinamool Congress party raged back to power in West Bengal this week. Almost around six people were killed in such post-poll violence in different parts of the state including one in Kolkata, police informed. 

It is alleged by BJP that TMC-backed attackers killed a number of its workers, vandalized houses, looted shops off the party members, attacked its woman members, and ransacked party offices. However, TMC has denied all the charges.

What Article 356 States

Article 356 of the Constitution ensures that if a state government is unable to function according to Constitutional provisions, the Centre can take direct control of the state machinery.

It was claimed that Constitutional machinery has broken down in West Bengal within the meaning Article 356 of the Constitution and for its betterment, the President needs to appropriate action under this Article.

The contentions raised by Petitioner’s Counsels 

It was claimed that Constitutional machinery has broken down in West Bengal within the meaning Article 356 of the Constitution and for its betterment, the President needs to appropriate action under this Article.

They claimed that such instances have inculcated unimaginable fear in the minds of the citizens who will now be fearful of exercising their fundamental right to free speech and expression against the party which is ruling. Such fear led to the death of democracy.

Lastly, they submitted that instances of gang rape and physical assault against women have also been informed and that there has been cautious inaction on behalf of the State Government, turning it into a complete lawless zone.

Relief pleaded by Trust before SC

The Counsels pleaded to constitute a Special Investigation Team (SIT) headed by retired Justice of the top court to look into the connection of politicians if any in the alleged targeted pogrom that happened in West Bengal.

Immediate arrest and prosecution of all the accused involved in the commission of such a heinous crime involving violence and killing of innocent people.

Further, they demanded directions for the establishment of a special court to decide and dispose of matters about the prosecution of political miscreants, or any individuals involved above-mentioned offense.

What Actually Presidency Rule Is & When It Is Imposed

President’s Rule implies suspension of a state government and the application of the direct rule of the Centre. The central government takes direct control of the state in question and the Governor becomes its constitutional head. In such a situation Election Commission is forced to conduct re-election within six months.

Article 356 of the Constitution of India gives the President of India the power to impose this rule on a state on the advice of the Union Council of Ministers. However, some conditions are pondered before imposing the rule:

a) If the President is gratified that such a situation arose in which the state government cannot carry on the provisions of the Constitution.

b) The state government is incapable to selected a leader as a chief minister within a time set by the Governor of that state.

c) There's a breakdown of a coalition leading to the chief minister that has minority support in the House, and the CM fails to prove the majority in the specified period.

d) Loss of majority in the Assembly due to a vote of no-confidence in the House.

e) Elections postponement on account of situations like natural disasters, war, or epidemics.

Is Presidency Rule Needed In West Bengal

Since TMC's victory in West Bengal, incidents of violence have been reported in the state and the BJP workers and those who voted for the party are reportedly being attacked. Thus, there is a tense atmosphere in WB and especially fear in the mind of BJP workers, and all such demands an urgent need to put an end to it. This violence and the current situation can only be dealt with by imposing the Presidency Rule and it will be for the betterment of the society at large.

Conclusion

Yes, it is not easy to impose President's rule in West Bengal at this time but seeing the current situation and violence that politicians and innocent people are facing makes it a need of the hour. Such instances have inculcated unimaginable fear in the minds of the citizens who will now be fearful of exercising their fundamental right to free speech and expression against the party which is ruling. Such fear led to the death of democracy. So, for the betterment of the WB and society at large the Presidency Rule is the aptest solution to the present problem.

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