Amid the uncertainty over the Bodoland Territorial Council election, an autonomous council under the Sixth Schedule of the Constitution, two Bodo peace mediators have alleged the “violation” of the constitutional provision by the Assam Governor Jagdish Mukhi.
The duo moved to the Supreme Court, challenging the Governor’s order of April 27, 2020, to impose the Governor rule in BTC region after the BTC election was deferred following the COVID-19 outbreak.
Speaking to Headline 8, Prithivi Narayan Dev Mech, one of the peace mediators in the third Bodo peace accord signed in January this year, said, “Governor of Assam has unilaterally imposed his views and that too by the violation of the constitutional provision without even consulting the Council of Ministers.”
In a writ petition (civil) no. 1191/2020, filed at the apex court, it is mentioned that the Governor imposed his rule over Bodoland, invoking the provision mentioned in paragraph 16 (2) of Sixth Schedule, without even consulting the state cabinet.
“Considering the facts and circumstances of deferral of the BTC election and incapability of conducting the election due to Covid-19, the Governor of Assam as per the advice of the Advocate General of Assam but without taking the advice of the council of ministers or cabinet approval imposed Governor’s rule in the territory,” he added.
As per the Indian Constitution, the Governor of a state is a constitutional head and not a political or elected head of the state. He highlighted, “The governor is empowered to act only on the aid and advice of the council of ministers, although in the instant case [governor rule over Bodoland], the Governor of Assam has unilaterally imposed his views and that too by the violation of the constitutional provision.”
As per the rule, the appropriate reasons for the imposition of Governor’s rule in a sixth scheduled territory has to be placed before the state legislature within 30 days of the first sitting of state assembly immediately after the imposition of Governor’s rule. However, Mech highlighted that the order has not been approved by the State Legislature within 30 days of the State Legislative Assembly which commenced on 31st August 2020.
He said, “After 30 days has passed, under every circumstance, the order imposing the Governor’s rule in BTC has become null and void as well as infructuous by operation of law with effect from 1st October 2020.”
Moreover, the peace mediators, in the writ petition have mentioned that the region should go for the polls immediately for better governance. Emphasizing on the delay in the election, Mech said, “The governor for satisfying himself with the privileges of the legislature and executive powers of Bodoland Territorial Council is intending to extend the Governor’s rule in the said territory and prefer not to conduct the BTC election by justifying the ground of COVID-19 pandemic.”
“If states like Bihar can go for the polls, conduction of election along with COVID-19 safety measures would be indeed easier and less time-consuming in BTC,” he added.
Last week, the state cabinet decided to appeal to the state election commission to conduct elections for Bodoland Territorial Council (BTC) in December, following the all-party meeting to discuss the demand for holding the BTC election was held led by Assam Chief Minister Sarbananda Sonowal.
