Why Congress is BJP’s best friend in MP

NK SINGH

Finally, the BJP regime’s radical endeavour curtailing MLAs’ rights to ask questions and move no-confidence motion against government in MP vidhan sabha could last less than a week. The speaker of state assembly has practically rescinded the amended rules that had become effective only on March 15.

The amendment banned legislators from raising enquiries about communal riots, sensitive incidents, confidential matters and any question that might encourage secessionism. It also curtailed effectively their right to move no confidence motion against government. The opposition had described the amendments to rules of assembly procedure as an abortive “attempt to stifle democracy”.

Speaker Sitasharan Sharma announced this week that he was sending back the controversial amendments for reconsideration to assembly’s rules and ethics committee. Interestingly, Sharma himself heads the committee that had earlier recommended curtailment in legislators’ rights.

The vidhan sabha notification withdrawing the earlier order came, significantly, after the Opposition created a ruckus inside and outside the vidhan sabha on the issue. The opposition Congress created a furore in the House, even moving a no-confidence motion against the Speaker, and then followed it up with a roadside dharna and a memorandum to the governor.

Sharma, elected on a BJP ticket from Hoshangabad, put the amended rules in abeyance. He was quoted as saying that the amendment seemed to nullify no-confidence motion by giving precedence to confidence motion over it.

MLAs' rights curtailed

The amended ‘taboo list’ included restrictions on MLAs asking questions about matters pending before vidhan sabha’s house committees. The Congress described it as undemocratic and unconstitutional and an infringement of the lawmakers’ rights. Another restriction in the ‘taboo list’ was questions over security of persons occupying constitutional posts.

The amendments also insisted on giving preference to confidence motion over any no-confidence motion. The House was supposed to pick up first the confidence motion and only after that any discussion would have been possible on no-confidence motion. That would have rendered no-confidence motion, an effective weapon in Opposition’s arsenal in parliamentary democracy, worthless. 

The rules and ethics committee, in its wisdom, also sought to turn the assembly into a kindergarten. The new rules said that (a) An MLA should withdraw his words immediately, and without any argument, if the Speaker finds any remark ‘unparliamentary’.  (b) Any legislator criticising another member must be present in the House when the other person’s responds. (c) An MLA must pay damages if he or she destroys any assembly property.

The restrictions on MLA’s right to ask questions and move no-confidence motion affect not only lawmakers but also citizens in Westminster form of parliamentary democracy. It particularly affects’ the functioning of media, whose reporting of legislature and judiciary is protected by constitutional and legal provisions. Any reporting of proceedings in legislature or judiciary, howsoever unpalatable to powers that be, is protected under the law.

For example, if a newspaper reports corruptions charges levelled in the assembly or in course of a court trial, it cannot be charged with defamation for publishing that news. This is a big relief because the fourth estate, by itself, does not enjoy any special privileges under the Constitution. Hence, any curtailment in MLAs’ rights will eventually affect the citizen’s right to know.   

Congress fails miserably

Who was responsible for this abortive infringement on legislators’ rights? Was it the BJP regime, whose brainchild it apparently was? Or was it the Congress that was part of the committee that drafted the new rules and then allowed it to be passed without any discussion?

The 11-member committee that proposed amendments to ‘rules of procedure and conduct of business in MP assembly’ has six members from BJP, three from Congress and one nominated member besides the chairperson.

According to Vidhan Sabha principal secretary AP Singh the amendments were tabled in the House on March 8. After waiting for a week, when none of the lawmakers objected, the amendments became effective from March 15.

Apparently, the Congress was caught napping. Its three members on the rules and ethics committee had neither time nor interest in the basic legislative work that all our lawmakers are expected to do.

One of them, Sachin Yadav, said he never saw the final draft of the amended rules. He did not even know when the changed rules were tabled in the House. “The Congress members on the committee,” said leader of Opposition, Ajay Singh, “were under the impression that they were giving only suggestions.”

The Congress woke up from its slumber only after stories started appearing in newspapers about curtailment in MLAs’ rights. Then they realised what they had done and the enormous political cost of their negligence. And then they started the protest.

With Congress as it enemy, the ruling BJP could not have asked for a better friend.

Published in DB Post of 24 March 18.

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