Inaccuracy is the rule in the state, suppression of information is the system and undermining the Constitutional authorities and processes are prevalent.
A fall into a ditch makes you wiser but not when you are in West Bengal. Even when you find yourself badly stuck in a ditch, the overriding feeling there is never to admit this as a misfortune. In fact, the counter arguments there can be classified into two stacks. First is denial of the ditch itself and claiming that what is said to be ditch is not uncomfortable at all, at least more pleasant than those in the rest of the country, who never experienced the charm of a ditch. The second and no less strong argument is that falling into a ditch is caused by a historical injustice meted out to the state by the national government, therefore fault lies only with Delhi. The responsibility of bailing them out rests completely on the Central government. This logic was heard in a recent claim that if the state has failed to pay DA to its staff it is for the Central Government to come forward and pay the same since the state employees are contributing to the revenue collection of the Union as well. Since both the stream of sentiments wink at the moot question of turning wise after the fall in the ditch there is no effort by the state to extricate itself from the mess.
The West Bengal government today is a perfect example of layers of deniability. The state’s refusal to deny payment of DA to its staff and school teachers since it wrested power from the Left Front government is arguably the longest case of denial of something that the Kolkata High Court had termed as fundamental right “enshrined under Article 21” of the Constitution. The state government kept on denying any wrongdoing in recruitment of teachers till a huge cache of cash was seized by the investigating agency from a high profile TMC leader and a former education minister who presided over the scam. Even after getting badly exposed and the High Court order on dismissal of all those who received appointments by bribing the ruling party the state’s Chief Minister keeps on assuring that none will lose job, and submits affidavit before the court against dismissal of such illegal recruits. It is yet another deliberate case of denying the Constitutional demarcation of power. Despite the state administration’s inability to ensure law and order the state police is seen more often than not in working as party cadre in uniform and implementing the TMC agenda.
The deep-rooted inefficiency that is in the administrative system was seen when the flash flood at the Mal river in North Bengal washed away people who had gone there for immersion of the Goddess Durga. Curiously, despite there being heavy rains in the hills the state administration arranged for the immersion inside the river ignoring the risk of flash floods. Here again deniability ruled, with the district administration washing off its incompetence with support from a state minister and silence from the state administration in Kolkata. Clearly, in West Bengal, no ditch is a ditch enough to learn any lesson at all, hence there is no question of getting wise.
Look at the misinformation peddled, which has been deindustrialising for long. Yet it claimed and was reported in the India Brand Equity Foundation (IBEF, Ministry of Commerce) portal that, “The state received investment of Rs. 4.45 lakh crore (US$ 63.13 billion) in large industry from five Global Summits organized in the state so far.” That is not all, it assured that “West Bengal have received investment proposals worth Rs. 342,375 crore (US$44 billion) during the Bengal Global Business Summit (BGBS) 2022.” Clearly, the information circulated through IBEF is a denial of the depth of the ditch the state is in.
Managing dodgy issues is the focus of the West Bengal government. According to Article 204 of the Constitution, “no money shall be withdrawn from the Consolidated Fund of the State except under appropriation made by law passed in accordance with the provisions of this article” that is without the approval of the legislative Assembly. In case of any deviation, the Assembly needs to approve the same. But the provision seems to have not been in place in West Bengal. According to Sukhbilas Barma, a former Congress MLA and chairman of the Public Accounts Committee (PAC) for three years, as many as 12 reports submitted by him to the Assembly mentioned need for regularisation of excess expenditure made during 2010 to 2018 remained unaddressed. Chief Minister Mamata Banerjee is yet to regularise the excess expenditure by way of moving Bills. It seems the Constitutional provisions are observed in violation in the state of West Bengal. Instead the state is media managed with false hypes like the quantum of investment mentioned in the IBEF portal.
The inaccuracies peddled by the Mamata Banerjee government is illustrated in the claim made by the state that the Centre did not pay compensation for three typhoons—Bulbul, Amphan and Yas, which had hit the state. The claim of the state has been Rs 42,866 crore. According to Sukhbilas Barma, such claims were exaggerated: “While no report on the expenditure on Bulbul and Yaas is separately available, expenditure on Amphan was Rs 1,969 crore, as per the Economic Review 2020-21. But the state claimed a compensation of Rs 32,310 crore for Amphan.” Evidently, Mamata Banerjee has been taking advantage of non-availability of audit reports and putting ad hoc demands for funds claimed as outstanding dues from the Centre. No wonder the TMC government did not want any BJP member to head the PAC and bring the falsehoods in the open, hence it chose MLAs who left BJP as the PAC heads, another glaring illegal act.
That inaccuracy is the rule in the state, suppression of information is the system and undermining the Constitutional authorities and processes are prevalent could be seen in anything the state is doing. According to Barma, the irregularities committed by the finance department itself are too many. “As per the CAG’s report, amounts requiring adjustment from 2012-13 to 2016-17 are Rs 800 crore, Rs 910 crore, Rs 1,587 crore, Rs 3,075 crore and Rs 2,357 crore, respectively.” Another example of such falsification is the state government claims of helps rendered to the unorganised labour sector. Barma claims that “an audit showed that only Rs 8 crore against the payment obligation of their provident fund contribution of Rs 127.52 crore for 2018-19 has been paid and Rs 547.29 crore as outstanding dues still remains to be paid”. So it’s not just the DAs of state employees the government is accused of thriving on, saving any payment to be made and diverting the same in fairs, pujas or doles. Sadly, the erudite team that had put together India’s Constitution 75 years ago did not ever imagine that one day such a government would come to a state.
An example cited by Barma is the curious claim by West Bengal’s finance minister Chandrima Bhattacharya that “47.34 lakh housing units had been constructed under Banglar Bari scheme till 2021”. Interestingly, there was no Budget provision for the number of units claimed to have been constructed. Can the state spend money without the approval of the Assembly? Even if the same was done due to some exigency shouldn’t the same be regularised through the Assembly? The fact that the same was placed in the Budget Speech without any Constitutional propriety illustrates how deep is the malady in West Bengal. Clearly judged by the Constitutional provisions and observance of the rules and procedures there may be a case to demand dismissal of the Mamata Banerjee government for violating the Constitution.
When simple legislative process is not followed, that dodgy methods will take precedence over rule of law is a natural outcome. That national resources like coal, sand, stone etc. will be mined and sold for the benefit of individuals and political persons are but natural corollary of the system of governance followed by the government. And there are no qualms for that as was seen in the state legislative Assembly passing a resolution against the investigative agencies which are carrying on investigations under the directions of the courts.
Under Article 356, the President can assume control of a state if the Governor sends a report on the breakdown of the Constitutional provisions there. Among the vocal proponents of the provision was none other than Babasaheb Ambedkar. While the debates over the need for invoking the provision will never end, the elementary fact remains that West Bengal is not being run as per the Constitutional provisions. The Supreme Court, in its S.R. Bommai case, had mentioned that the Centre may caution a state on failure to observe Constitutional provisions. This the Modi Government has not exercised perhaps worried over the political consequences of such a move. There are judgements of High Courts as well as the Supreme Court that in case of blatant violations even courts can recommend to the President for imposition of Article 356. In view of the inability of our political system at the Centre to exercise authorities vested, it seems now one has to approach the court for tethering the hands of a recalcitrant state government.
Author Sugato Hazra’s latest book is “Losing the Plot: The Political Isolation of Bengal”.