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Lack of constitutional clarity gives
BJP-led coalition caretaker govt
considerable power
9-11 minutes
Quiet discretion: A.B. Vajpayee would like to avoid any clash with
K.R. Narayanan
Prime minister Atal Bihari Vajpayee may have faced the ignominy of
being voted out by one vote after 13 months in office.
But by the time the next government is sworn in Vajpayee would
have set another record of sorts. He would have been at the head
of what is referred to as a caretaker government for the longest
period in India's history - nearly six months, longer than the five
month tenure of Charan Singh in 1979-80.
Legally, the period cannot exceed six months because that is the
maximum interval under Article 85 of the Constitution between two
sessions of Parliament.
"The present government is not a caretaker government under our
Constitution. It has full authority to be used with discretion."
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President K.R. Narayanan in a letter to former caretaker prime
minister I.K. Gujral in December 1997
"The Government of India will not take any decision during this
period which sets new policy or involves significant spending ..."
President Sanjiva Reddy while dissolving the Lok Sabha in
1979
The Constitution is, however, not so clear on the powers of a
government in this interregnum. It does not provide for a caretaker
government as such, thereby putting no legal constraints on the
functioning of the Vajpayee Government.
Propriety and convention, however, decrees that a government that
was voted out refrains from taking measures involving policy
changes.
While dissolving the Lok Sabha in 1979 President N. Sanjiva
Reddy's communique stated that "the Government of India will not
take any decision during this (caretaker) period which sets new
policy or involve new spending of a significant order or constitute
major administrative executive decisions."
While dealing with the I.K. Gujral government - which resigned
before being actually voted out - President K.R. Narayanan's
approach wasn't so negative.
In a letter to the prime minister in December 1997 he sought to
define the status of a caretaker government more generously: "The
present government is not a caretaker government under our
Constitution. It has full authority to be used with discretion." The
operative word was "discretion", a term so subjective that it didn't
prevent Gujral from issuing a Prasar Bharati ordinance that made
life difficult for the next government. Cabinet Secretary Prabhat
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Kumar's May 1 circular stating the Vajpayee administration will
function like a normal government was guided by this precedent.
Can do
Budget proposals:
The passing of the Finance Bill allows Government to implement
welfare measures in the Budget speech.
Bureaucratic appointments:
Many civil service vacancies arise in May-June. New appointments
can be made immediately.
Execute policies:
Can implement new policies such as fertiliser, telecom and
information technology.
Like any political party in election mode, the BJP is now poised to
take maximum advantage of this situation. According to a PMO
official, "The Government won't go overboard but won't be
hamstrung either.
How can there be a non-functioning government for half a year?"
It's a moot point but one which worries the opposition Congress.
Having fiercely opposed a June election, it is now insisting
Vajpayee's is a lame-duck regime that shouldn't even effect
bureaucratic transfers.
It's a point of view that doesn't find favour with Gujral. According to
him, there may be many occasions when the Vajpayee Government
will have to take vital decisions.
"It would not just be the government's right but also its responsibility
to elucidate India's stand on key issues." At the same time he
believes that in the absence of Parliament the Government must
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explain to the public why it is taking specific steps.
"The Government is well within its rights in transferring the home
secretary but it should have given a reason for doing so. Prudence
demands that whatever would have been discussed in Parliament
should now be explained to the public."
It's a precondition that the BJP-led Government may be too willing
to meet in other areas. With the Finance Bill having been passed by
the Lok Sabha without changes, there is enough scope for the
Government to launch those populist schemes that found mention
in Finance Minister Yashwant Sinha's budget speech.
These include a new national programme for rural industrialisation,
a scheme to provide 10 kg of foodgrain free of cost to senior
citizens and an increase in rural infrastructure development.
The coming weeks will also see the Government act on other key
fronts:
Changes in the fertiliser policy. Subsidies are likely to be increased.
Implementation of the new telecom policy.
Filling up of several bureaucratic posts that fall vacant in May and
June.
It's "business as usual" in the foreign office. All pending visits by
dignitaries have been cleared. Minister of State Vasundhara Raje
leaves this week for a visit to Oman and External Affairs Minister
Jaswant Singh may visit Syria and Jordan next month.
As of now, the Vajpayee Government plans nothing unduly
audacious that would invite presidential rebuke. But if the past is
any guide, the Lakshman rekha of propriety stretches quite far. For
example, despite Reddy's instructions, Charan Singh took a
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number of populist steps such as reducing diesel and kerosene
prices and hiking the support price of paddy.
Both were clear vote-garnering exercises aimed at benefiting the
powerful farmers' lobby. Reddy in fact had to intervene and stop
Charan Singh from issuing an ordinance that allowed state funding
of elections. He warned the prime minister that he would have to
overturn his decision as the move involved a major change in
electoral laws.
Can't do
Make legislation:
No ordinances. The Insurance and Patents Bills will have to wait.
Appoint governors/envoys:
Despite the Gujral precedent, such political vacancies cannot be
filled.
Commit new expenditure:
The budget is the limit. Taxes cannot be raised or lowered.
President R. Venkataraman too had to step in during Chandra
Shekhar's regime in 1991. In My Presidential Years Venkataraman
recalls that he had to stop the government from issuing new
licences.
While the President praises Chandra Shekhar for readily agreeing
to his suggestions, he is more critical of Subramanian Swamy, the
then law minister.
Swamy apparently pestered the President for permission to sign a
contract with Hyundai Heavy Industries and another with Boeing.
When the President refused to give the nod Swamy asked him
what would happen if the cabinet refused to heed the President's
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advice.
The President told him he would study the Constitution and act
accordingly. The government didn't press the point.
Swamy, who played a key role in bringing down the Vajpayee
Government, has always been a maverick. Vajpayee on the other
hand is a stickler for the rule book. Moreover, unlike the other
caretaker prime ministers, Vajpayee and his party are very much in
the electoral reckoning.
In the course of running a presidential-style election campaign he
would naturally try to put incumbency to use. But it is unlikely that
he would wilfully ignore any advice from Rashtrapati Bhavan.
Even as the BJP coalition tries to act like a full-fledged government,
the biggest challenge will not come from the Opposition but from
the corridors of power - the all-powerful bureaucracy.
The babu will simply block files and stall movement on vital
decisions if the BJP coalition appears unlikely to return to office.
That challenge could be as debilitating as the long run up to the
polls.
Charan Singh (1979-80)
Raised support price of paddy to the highest level since
Independence.
Took the populist measure of reducing diesel and kerosene prices.
Cleared three steel projects of Rs 47 crore in Bihar and Madhya
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Pradesh.
Appointed a governor in Bihar.
Hiked wages of Indian Oil Corporation employees.
Condemned Soviet invasion of Afghanistan a week before polling
day.
Proposed state funding of polls. President said no.
Chandra Shekhar (1991)
Liberally doled out phone and gas connections to friends and
associates.
Pledged gold reserves to Bank of England to meet balance of
payments.
Tried to issue new sugar mill licences. Fearing a fund-raising
operation, the President shot it down.
Proposed a $472 million deal with Hyundai of Korea. President
ruled it out.
Proposed purchase of Boeing aircraft. The President again
objected to such heavy commitments by a caretaker regime.
I.K. Gujral (1997-98)
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Promulgated new Prasar Bharati Ordinance that removed age bar
on CEO.
Appointed high commissioners for UK and South Africa and an
ambassador to Mozambique.
Appointed new governors. u Participated in an Indo-PakistanBangladesh summit in Dhaka.
Eased visa restrictions for Pakistan nationals.
Regularised Radisson hotel in Delhi. u Waived Rs 8,000 crore that
the Punjab Government owed the Centre.
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