THE CONSTITUTIONAL REMEDY TO GROSS INCOMPETENCE

Central and state governments have moral and legal obligations to operate within the confines of the Constitution, the highest law of the land. No matter how popular a person may be or how influential he may be; no matter how rich or powerful he may be, the law prevents anyone from usurping the powers of the government.

When the framers wrote the Constitution, they included an introduction that outlines the purpose and guiding principles. It is called the Preamble and is an integral part of the Constitution.

"We, the people of India, having solemnly resolved to constitute India ... to secure to all its citizens:

JUSTICE, social, economic and political;
LIBERTY of thought, expression, belief, faith and worship;
EQUALITY of status and of opportunity;
and to promote among them all
FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation..."

Because state and central governments derive their powers from the consent of the governed, the people are sovereign and they have the power and the ability to remove those in office that work contrary to the achievement of the expressed goals in the Preamble. For example, if an elected state or central government devotes its ministry mostly to benefit themselves and their friends, the people will refuse them the right to form another government by voting them out of office. Or if, during their time in office, they run the government so bad that they lose support in the legislature they can be voted out by the legislators.

In our parliamentary form of government, we all know that the Governor is only a nominal head. Real power lies in the elected government. However, the office of the Governor is still the repository of the executive powers of the state government. And in certain situations, the Governor has discretionary powers to act independent of the elected government.

Despite his lack of real powers, the Governor actually has certain judicial powers viz., the power to grant pardons, reprieves, respites or remission of punishments. He can also suspend, remit or commute the sentence of any person convicted of an offence against the law.

In times of political crises when no political party can claim majority in the state legislature, the Governor can use his discretion to choose a Chief Minister.

In his role as representative of the central government, the Governor can inform the President in an official report, of a particular emergency that has arisen in the state, and impose what is called the "President’s Rule" in the state. The Governor, in such circumstances, may dissolve the entire state assembly and can assume the executive powers and functions of the state government. Those extraordinary circumstances may be:

i) Breakdown of constitutional machinery;
ii) Political instability
iii) No party is in a position to form the Government

The first point is noteworthy because it has a direct correlation with the Preamble of the Constitution.

Last month, the Gauhati High Court ruled that the government of Chief Minister Lalthanhawla violated Articles 14 and 16 of the Constitution when it appointed 35 doctors as medical officers back in August 2013. The Court found the state government guilty of favouritism, also a direct violation of Schedule 3, part 5 of the Constitution. 

Part of the judgement reads (in Mizo) - "22.8.2013-a medical officer 35 lakna order tihchhuahah hian langtlanga thil tih a awm lo a, sorkarin dik lo takin thil a ti a ni." It basically says that there was no transparency and that the government violated the law. http://www.vanglaini.org/tualchhung/22814

In January 2014, the government selected an unqualified applicant for the position of Resource Teacher at the Hnahthial Block Resource Centre, SSA amongst other qualified applicants in what seems to be a clear case of favouritism. The individual selected for the job is from within the Congress party. This action on the part of the government violates Articles 14 and 16 and Schedule 3 part 5 of the Constitution, not to mention the very spirit of the Preamble. http://www.vanglaini.org/tualchhung/15293 

Former Finance Minister and current Vice-Chairman of the State Planning Board Liansailova admitted in the Assembly House that the funding for the unsustainable populist policy NLUP did not actually come from any outside source but was entirely carved out of the state's normal budget. Up until the former Finance Minister's shocking admission, the ruling Congress party consistently told the people of Mizoram that the NLUP would be funded by a "special package" from the Indian government. Today, the Congress government has blown a big hole in the state's budget due to the immoral and possibly illegal diversion of funds to a political project aimed at the majority of voters in the rural areas in the name of "helping" them. 

This has resulted in the consolidation of all grants from the central government. Certain sections of government employees experience almost chronic delay in payment of their wages. A police outpost in Thenzawl is without a vehicle despite their dire need. The town of Lawngtlai has been under an unconstitutionally imposed lockdown called "bandh" for two days (and counting) as a result of the failure of the government to appoint or confirm a Geography and a Sociology teacher. Several nurses not only feel let down by the government but also suffered physical assault and sexual harassment at the hands of the police only to be later told to just obey the law or else. Truck owners in Lunglei, who are owed a huge amount of money for the hiring of their trucks to transport government rice, are told to have some "mutual understanding" because the government does not have the money to pay its bill. The list goes on.

The bottom line seems to be a case of gross incompetence. The Chief Minister was asked during an interview last year before the election if he thought the state's roughly 5000 crore debt was a burden. He replied saying he was not aware of such debt. Several months down the line, the leading Aizawl newspaper Vanglaini obtained a document showing the total amount of debt the government had accumulated. As of financial year 2013-2014, the amount is Rs.5545.95 crore. The Chief Minister not only did not clarify whether he thought it was a burden but totally ignored the question and deliberately misled the people of the state by denying the existence of such an amount. He later admitted it in a meeting with the Finance Minister Arun Jaitley who seemed rather unimpressed.

In the area of law and order, the state police has refused to register a criminal case in clear violation of the Criminal Code of Procedure Sec 154 and the now repealed Mizoram Total Liquor Prohibition Act that declares all offences pertaining to liquor a cognizable crime and the consumption of alcohol without permission illegal. The Chief Minister and his wife were photographed on the night of April 21 this year in the capital Aizawl at their friends' home allegedly drinking Foster's beer, a prohibited item under the draconian and meaningless law enacted under the same Chief Minister in his previous government. Due to the Superintendent of Police's hesitation to follow the law, the issue is currently with the Home Minister who was sent an email this week clearly outlining his Constitutional obligation to uphold the law by instructing the police to enforce the law.

If the government is continually unable to pay its employees their wages, tax the public motorists 15 years on their vehicles and buys new luxury cars after 5 years of using their cars using public money, fails to collect close to 300 crore rupees on forest revenue, unable to secure its borders, unable to resolve a stand-off in Lawngtlai, unable to successfully prosecute drug smugglers running wild (the former Health Minister was involved in a scandal but the police did not pursue the case), unable to recruit new employees based on merit, unable to provide continuous electricity all in violation of the spirit of the Preamble and Articles of the Constitution, it increasingly appears that the state government is unable to perform its constitutional duty.

The trajectory is clearly not vertical but rather downward spiral day by day. As the state witnesses the gradual breakdown of the constitutional machinery and functioning of the state, one seriously wonders whether it is only a matter of time before the Governor (whoever wants to be one after all that musical chair!) will exercise his Constitutional and moral responsibility and ask the central government to save the people of Mizoram from their failing government? Is there a case for Art 356? The irony is that the government is building a case against itself.