good evening ladies and gentlemen on behalf of kolkata based strategic think tank senusky which stands for research center for eastern and northeastern regional studies kolkata i extend a very very warm welcome to the honorable governor of west bengal sri dev dhankar to the first shri ranjit kumar memorial address on center state relations i am very happy to mention that amongst us today during this address we have the presence of many distinguished personalities from various walks of life and professions including st members from a number of strategic think tanks of india members of various chambers of commerce clubs of distinguished credentials as also i would say that members the faculties and students of various universities in eastern and northeastern region we are also happy that we have representatives of oil india limited and numerical refineries limited attending this event these are the two institutions in the oil sector especially in northeastern region with which mr ranjit kamadatta was very deeply involved for many many years.
actually passed away last year uh he has been a pioneer of the oil industry in india as also an icon of the northeastern region you know he had served as a cmd of oil india limited as also md of new maliga refineries limited he was instrumental in bringing up this you know oil industry in the northeastern region and i think he has been a life member of senerski the strategic think tank basically he was you know there in calcutta most of the time and he contributed immensely in organizing various seminars on subjects related to northeastern region also carrying out i would say research on various issues contemporary to the northeastern region he had organized this you know i would say seminars in most of the state capitals of northeastern region because he knew that region so very well and we could really connect and the census would really uh actually had flourished because of office contributions so i think the senate has done right in trying to honor the memory and cherish the memories and contributions of sri ranjit instituting this you know annual memorial lecture and we are very happy and we feel very privileged that the honorable governor of west bengal has kindly consented to deliver the first address today i think honorable sri dhankar needs no introduction to any one of us but still i’ll briefly highlight the milestones in his illustrious career now he has been one of the best known legal practitioners in india he has been a senior advocate in rajasthan state and practicing supreme court as well since 1990s till he was appointed as the governor of west bengal in july 2019 which is almost two years and eight months now he’s been a brilliant student an alumnus of sunday school chittorgarh in rajasthan and i think he has a very soft corner for all sunday school alumni and students and i think i am one of those beneficiaries she has been practicing in supreme court since 1990 and his focus areas where coal steel mines and international commercial arbitration he has been an mla and an mp the lok sabha from rajasthan and a minister of state at the central government for some time he takes keen interest in cooperative movement agriculture and fine arts a versatile personality indeed we are proud to have honorable jadeev dhankar amongst us today as for the subject of the address is concerned central state relations have been occupying the minds of all thinkers and leaders in this country for some time the constitution of indian republic is unique because it is a product not of a political revolution but the research and deliberations of a body of eminent visionary indian leaders immediately posed independents who sought to improve upon the existing system of governance which was the legacy of the british rule the constitutional system of india is basically federal in nature but with bold unitary features the main characteristics of governance as provisioned in our constitution i shall briefly cover them just five points firstly we have dual governments one national and other the state governments second distribution of powers with two sets of governments we need distribution of power that is so that there is no friction so these distribution of powers have been achieved in the constitution through unionist state list and concurrent list of course in the concurrent list obviously there are areas where friction could take place and that is why supremacy of the constitution that is the executive legislative or judicial powers of the union and the states are subordinate to the constitutional provisions fourthly the authority of the courts if there is a dispute or a conflict or affliction then interpretation would be by the courts that the supreme court basically and that has to be abided by all parties concerned and fifthly conferring of extraordinary powers to the central government in three contingencies firstly during a war or a conflict external aggression a second failure of constitutional machinery which has happened quite a few times in the past and a lot of state governments were dethroned i would say or dismissed and lastly financial emergency so let me now come to the problem now the crux of the problem is there is friction competition disagreements politically or the otherwise and which are signs of a vibrant democracy that india is but in recent times many simmering friction between centre and states have blown into major conflicts calling for frequent judicial intervention with the rise of strong political parties in the regions or regional parties in several states these conflicts have further intensified and accentuated contestation on the jurisdiction of central agencies like the cbi ed income tax authorities and toppling of the state governments from time to time are matters which have brought the federal structure under tremendous strain india is currently faced with innumerable challenges in economic industrial and social fields problems like removal of poverty unemployment lack of health care and education infrastructure as also the countering of external threats terrorism insurgencies need actually immediate attention of both central and state governments central or national and regional political parties as well it is therefore imperative that our federal system must function smoothly and seamlessly with much improved center state relations i’ll stop here and before i request the honorable governor to deliver the address i’ll say that at the end of that race there would be a question answer session and the honorable governor has kindly consented to sort of respond to those questions put in by the participants in this address i would request any questions from any member uh to be put in the chat box so that we could sort of group them into three four questions which i will be putting across to the honorable governor for this response and at the end of that session uh the concluding remarks and the vote of thanks would be delivered by our vice president lieutenant general j.r mukherjee i will now request the honorable governor sridevka to deliver the address thank you
sir my greetings to everyone i am grateful to the center for eastern and northeastern regional studies kolkata for affording me this great opportunity the center i am sure bound to emerge as a very important think tank and a fake tank and that would help this area in particular fall in line with development stick of the country and that is why seven years ago the honorable prime minister focused look it locust artist the kind of resource the center has the kind of involvement it has and i have personally known the president of the center i am sure everyone will contribute massively to this incremental trajectory
well the subject
is very significant of contemporary relevance occupying minds of everyone in every walk of life central estate relations as governor state of west bengal i find myself in the hot seat
the role of the governor also becomes very critical significant and sometimes decisive in charting this delicate path of states into relations i would therefore not focus much on the legality of it rasa has taken us through the legal aspects at a macro level and those are in the know of everyone i would give privacy to the questions that will come forward so that i can respond on them but i would put certain things in perspective
if we go to two basic aspects article one defines india that is bar is union of states we have to see a great meaning into it union cannot exist unless there are states and states have to be powerful but they have to contribute to this final strength of the union that is the essence and spirit of the constitution towards that what we require basically is there has to be harmony there has to be trust there has to be dialogue there has to be deliberation and if these things do not periodically happen then the relationship between central and state gets some vote into shady area which is not also for democratic process two very important developments have taken place in seven years and they give lotus imput a lot of impetus to the strength of indian union and power of the states i would focus primarily first when gst was brought about virtually in the same fashion has twisted midnight is a huge development a development that generates a great partnership between central states and it has so successfully worked that all decisions are taken unanimously this is a rare example on a global horizon a very significant revolutionary state that creates a very strong bondage between the centre and the states the second is niti ayo nithiya is just not a variation in the name niti io took place of planning commission in planning commission since i had the occasion to be part of the government 30 years ago as a uni minister in planning commission at that point of time there was primacy to the center but in niti ayog there is collaborative approach between the center and the states these two significant aspects have taken place a great impetus was given by the present leadership at delhi when we talked of cooperative federalism and i would give a quote of the honorable prime minister quote federation is no longer the fourth line of central state relations but the definition of a new partnership of team india and god
now we have to focus on the grounding and the ground reality at the moment is that center and states are having a relationship which is cause of worry for those who subscribe to the concept of democracy and nationalism that is a stark reality we all are facing and in the entire scheme of things the governor of a state has become a punching bag and the governor becomes a punching bag more when he is governor of a state where the ruling party is not the same as in the center i happen to be in that category and therefore i would invite attention particularly as to the oath of office which we take if we go to the constitutional functionaries who are primarily involved in functioning central state relations that is the honorable prime minister the honorable chief ministers of states the honorable president and the respective governors so honorable prime minister and chief ministers they take one oath will owe allegiance to the constitution of india so it is very specific that these high constitutional functionaries who get their position by mandate of the elected
they work under one constant that they will dictate all their actions by adherence to constitutional norms and prescriptions they will owe allegiance to it as against this if we focus on the author of office with the honorable president what the governor takes is very different the oath is to preserve protect and defend constitution so role of the governor that is very critical in scientific relations is that whenever you find there is constitutional transgression where rule of law is not being followed he steps in exactly at that point of time an issue is raised in high decibel that the governor is nominated the governor is an agent of a political party the governor is carrying out political activity it is at that point of time when the governor who takes his dictates only from the law from indian constitution does not get support from the intelligentsia i’m spelling out my heart because i take all questions someone has to point out to a particular governor that if you are engaged in your social duty if you are vindicating your constitutional oath and you are reflecting every step of the state where there is transgression of a constitutional prescription or provision then the cream of society has to analyze it be judgmental about it and then speak out its mind i can say with my experience over two and a half years here that i have tried very hard in every forum having been interviewed in public domain by half a dozen new channels would anyone point out a single instance where i have gone beyond constitutional prescription or there is a constitutional translation note that i cannot have any government governor any individual one is but since i am at the program of central state relations it is fundamental for me to know from the people also am i on the right path and so far and i’m addressing the audience here also please indicate a single instance of constitutional transgression so that i can be on a correctional path i have done it but look at the other scenario which not only this governor but other governors are facing and facing why because in this battle between central states which has not many political controls which has clash of personalities
the focal point becomes the governor as in the case of state of west bengal now central state relations have to be measured in terms of adherence of constitutional duties by the respective chief ministers for the governor i will spell out the constitution as very carefully under article 1 67 use the word constitutional duty of a chief minister towards the governor in the matter of there are several issues one is imparting information as the governor may seek
for over two and a half years i have tried everything patiently i have perceived here not a single information has been imparted which is absolutely a serious reflection on central state relations now what do we do how framers of our constitution were very nice people they never contemplated that high constitutional functionaries like the governor and the chief minister will conduct themselves in such a manner that they will not be collaborating they will not be discussing they will not engage in dialogue they will not engage in deliberations they will not address issue jointly and they will be at war with each other this scenario was never known therefore there is a dead end if a chief minister as in this case does not discharge a constitutional duty and determine it does not do it and does not do it for over two and a half years what is the way out they don’t secondly if there is a governor who similarly does not lend affirmative distance to the working of the government then what will they be out for the chief minister i would therefore strongly appeal that in such kind of a scenario where we are in a binding situation it is the intelligence here that must be stepping and then i say why because high constitutional functionaries are expected to pay great obeisance to constitutional norms ethics spirit they have to understand the underlying concept i do not make do not wish to reflect on individuals here but one thing i would say for sure that final aspect has to be seen what has somewhat concerned me is that very intelligent people follow my enormous respect and the place where i’m the governor their number is really large as compared to other parts of the country
they are certainly not alive to certain hard realities of constitutional working let me put it this way indian constitution was emitted and indian constitution was amended in 70s where there was a specific provision that the honorable president will be bound by the advice of the council of ministers the president of the country cannot deviate from the advice imparted by the council of ministers and the only deviation he can do is send the recommendation that comes to him for reconsideration once and then go by that as against this and there is a huge confusion as if the governor is invariably bound by the council of ministers i say with that most respect at most restraint there is qualitative distinction between the two but the president is hundred percent bound by the advice tendered by the council of ministers that is not applicable for the governor for the governor there are two distinct areas one there will be council ministers to aid and advise the governor and then he has areas where he has his discretion where the aid and advice of the consumer recently cannot come into play but irrespective of that a person who occupied the post of governor a holds it in the present scenario there is greater onus on this office to see the democracy functions i take it that it is primarily obligation and responsibility of the governor to be shoulder-to-shoulder with the state government it is the governor who must discharge his obligation to ensure that if there are any issues with the state has been the center then he must do all he possibly can to bring about some kind of collaboration some kind of synergy some kind of seamless working between the two in my case and i am saying so with that most restraint all my efforts to find out from the state government
do we have an issue with the central government i am first citizen i am first servant of the state i am a loyal soldier of the people my oath cast an obligation on me to serve the people of the state of west bengal i’ll be side by side not one has come therefore the real and cuts of the matter is that central state relations have got so politicized so compartmentalized
the respective
politicians involved at the helm of a face that rigidity is so strong there is no flexibility there is no amenability and that is causing great problem now whenever there is a strength between the central state suffering is of the people at large for example there are large number of schemes of the central scheme central government they have fiscal dimension and the fiscal dimension is a huge dimension and that is relatable to the welfare of the people now if the refrain is confrontationally stance then the benefit does not accrue to the people at large be it pm kisan gosnam be it in the health sector or build a situation like aspirational districts now confrontational distance either side whether it is at the level of center or at the level of a state was never conceived by the framers of the constitution i’ll give you one illustration a matter came before the honorable supreme court that a time limit should be prescribed for the honorable president to decide mercy petitions because much repetitions were remaining pending for a long time i still recollect the vulnerable supreme court made a reflection great confidence has been reposed
in high constitutional functionalities by the frameworks of the constitution let us not put them in a state jacket similarly great confidence has been reposed in the position of the governor and chief minister and the two positions are very critical to operationalization of operationalization in wholesome fashion of central state relations but going by the things that we have today
i would strongly give out my mind we need a refresher course we really need a refresher course so that we learn to engage in constructive activities in deliberations in dialogue so that the larger public welfare is furthered
central estate relations have little more critical angle to which the president of the center will be more alive than myself and most of you who are drawn from fields that have strategy concerns if in border states like state of west bengal the relations are not in the best of spirit then we are rendering high vulnerability to the security of the nation so there is no escape from having at least minimum level of central state relationship that must be observed under all circumstances over two and a half years i have found certain areas where
since the framers of the constitution did not having their contemplation that such a situation can arise there’s a dead end now if the governance in our state is not as per constitutional prescriptions what is the way out
of has indicated that there are certain interventions which can take place now those interventions are very harsh our democracy does not survive when we negate the verdict of the people negation of the verdict of the people is an extreme step that must be avoided to the extent it can be worded but other areas are not left so we develop what is known as in kominokuda area as we have in the state of west bengal i have not made this lecture a routine one because i know the questions i will get would ultimately reveal the mindset either side so i would urge the president that floor may be open for christians and i would happily take all christians most inclement ones but i would urge one particular request please put your first servant in the dog he has been in the horseshit for two and a half years we need to show him mirror that he has engaged in which constitutional transgression because i am not a punching bag a punching bag has certain relieving features i am not a punching bag i must be on that imagine i am being called raj mohammed raja i am being called corrupt i am being subjected to all kinds of abuses i wish to know from these honorable gentlemen would you please concretize give some fake situation so that my conscience may revolt i may be on the right path i have tried my best earnestly to secure it i’m sure there will be tough questions i would do my utmost to respond
right sir thank you sir uh for your address and now i will request to know if there are any questions from anyone
i’d like to come in
yes yes professor mukherjee yes yes please go ahead yes uh
your excellency i think your deliberation was wonderful uh and it was a straight from the heart and i i i need to say that everyone in bengal uh would appreciate your plane talking but my question is we are in a dead-end situation where uh you know you have this kind of a stalemate primarily because the constitution does not allow the rule of anyone if there’s a clash between let’s say the council of governors the chief minister and and the governor what changes would you recommend in the constitution to see that the people of the state do not suffer and there is one alternative we can do away with the role of the governor the other is to see that the governor functions in such a way that it acts as a mentor to see that the country the state proceeds in lines that are desirable for the people’s interest which i presume you’re doing but if people if the other the govern of the government in power do not want to hear that and they see you as a representative of the central government towing a party line rather than the state line what corrections in the constitution do you think is warranted to see that this embraglio does not continue in future
i am beyond professor mukherjee it’s it’s a very loaded question and a very difficult one yesterday morning i had the occasion to go through hindu newspaper and therein we had an article where reflections were imparted by former governor gopal krishna gandhi and his one observation was i quote in bengal where he had been the governor court in bengal the governor and the chief minister could have shown their perspectives both to each other and to the people of the state in a manner in with the two offices would not have been diminished unquote i was deeply hurt
i was very deeply i would be writing to him also
i must be pointed out because i claim is scrupulous constant continual adherence to positive prescriptions and i have been saying governance in the state of west bengal is far distanced from constitutional norms and rule of law as governor i feel that the fear question in the people is so intense that out of fear they are unable to talk about fear therefore always harping on one situation that the governor is nominated the cheapness is elected this narrative must end as long as constitution has provision for a governor in whatever matter it has number one number two for last several decades the issue has been assured because if a governor becomes a pain in the neck of the ruling party or if a governor creates hurdles that is most unwholesome counterproductive and generates an environment that does not serve the people at all but if it is done as a metro policy as in state of west bengal i tell you two and a half years whatever i see confrontation calibrated confrontation of a degree unknown to any civility any constitutional working imagine i was personally present prime minister of the country coming here to deal with the disaster management situation and all these seats are vacant there has to be way out so it is time that rising above artisan interest there should be a good focus i think concerned so that there is primarily improvement in the situation we have had two governors conference two governors conference i was part of both when in one conference my limitable situation was so to be reflected by this the other governor i will almost respect for the governor i said please don’t do it i will deal with my chief minister in the manner i feel appropriate i will not into a situation where someone will raise the grievance and i talk to the honorable chief minister that whatever you want me to put in the governor’s conference i am your extension i am your part she sent me a brief note which could have been more comprehensive did not focus on any issue which is focusing in public domain but i read out it as such so what i suggest let me tell you and it’s a very good question problem could you ask let there be another conference of governors and chief ministers
if governors and chief nurses have a new conference then i am sure lord many things will be thrashed out we have such mechanism with respect to other constitutional institutions this needs to be there otherwise we are in a dicey situation every time i get a communication someone wants to give me a lecture on circularia commission now i know it can i advertise commission till it gets a legal framework the legal framework the legal regime governing the governor’s conduct is given in the constitution i cannot go beyond that but that’s what i get every day even in official communications from the government i’ll give you one illustration today has been a very bad day for me the government sent me a recommendation this
some step was taken against him in the rajya sabha i have to issue another tweet i have done it because government wanted it
so so people tell me very often and some of them do it legitimately then why do you take to twitter i tell them two things one
i need to impart information number two point out a single tweet which leads india that’s in constitutionalism let’s integrate and i’m sharing with you because i am the four people who are in sublime intelligent category of the society i don’t do it for drop of a head i don’t do it out of choice i do it out of compulsion if if today i said i have acted on behalf of the government if i would not do it the changes would be showing day in and day out the governor has destroyed the reservation so an impression will automatically go who is this rogue in rajaman which is strolling the budget session so i have to clear the air at the at least occasion so i would only one suggestion has come to me ad hoc we can get into greater depth of it regular interaction by view of national conference between governors and chief ministers
thank you for that i think we can proceed uh on that line and i don’t know how
so um i have a questions so in the meantime most foreign before that sir sir our constitution is one of the best constitutions in the world and it has three important pillars the main strengths executive legislature and judiciary all in different compartments working in their own uh way to ensure that you know our republic remains in public and we are governed well but in the recent times i think there has been a lot of problems in i think legislature we have far too many criminals as mps mlas leaders whatever it is and we have very few statesmen in the country the main problems of the center-state relations and other things is perhaps you know having not having good people not having mature people and to this uh towards this i think that we require uh institutions which have been created by the constitution like uh the cc cic cad and so many others that they have to be very very strong so unless we can prevent criminals entering politics criminals making politics as a profession unless we can straighten out the backbone of the police and the is i think this you know the governance in the country will suffer and whatever the experts the missionaries who set up this constitution for the country would actually would have lost out in terms of the goal they’re achieving so i would like your you know interpretation or your suggestions as to how do we decriminalize politics how do we straighten out the backs of the police and the is people the people who govern the country so my your remarks kinda listen
well the greatest challenge to governance
gets heightened and bureaucracy is politicized
and in the political arena we get people with criminal background and if coupling takes place rule of law goes on a tangential route
i wish to make one point very clear that with respect to the antecedents of a candidate who can contest an election there is need to how are you look
let me tell you sir so it’s a very good question and people normally talk in terms of statistics right now we are having elections to fight states and we talk very freely with respect to these political parties so many criminals have been treated now one thing is if they can contest election because you have a legal regime which affords them eligibility to contact election then why don’t you focus on that
you get my point simply going by the statistics that in a particular elections this political party has put in so many people with the dissidents that are of a criminal nature and the less the law of the land allows them to contest so the issue has to be addressed squarely an issue has to be addressed squarely from the perspective of law that’s number one number two bureaucracy is no longer still framed
i have gone on record i have gone on record in state of west bengal because of inputs to me by the top of the eukaryotes in administration and police and what they tell me i will take to my maker only but one thing is very clear
the bureaucracy has become extension of ruling dispensation irrespective of who is in political [ __ ] if a is there they are extension of a if b is their their extension of b and this is a very great threat to democratic fabric from the first point my suggestion is the lawmakers have to address because the retaining officer will never allow a condition to be valid unless it is in accordance with law once the returning officer allows the candidate to contest then to reflect on his antecedents it’s just for consumption so that issue has to be addressed as a core issue then we have to examine the scenario in other developed democratic nations also for example you rightly talked about the three wings now in question by one wing into the domain of the other is a very serious matter and if the incursion takes place let’s say by legislature into judiciary or judiciary into executive or executive legislature that is not acceptable we faced one of the greatest problems
but u.s claiming to be robust health sector claiming a very robust health sector might not turn we have seen what happened we have seen what happened in the corridors of london hospitals but i was wondering struck no court in the u.s no court in uk no court in europe reflected on the situation they allowed executive to handle it now i am not saying what our courts have done is right or wrong all i am saying that there has to be a scrupulous belief in the doctrine of separation of powers an incursion by one wing into the domain of the other will be antithetical to constitutional essence but if that incursion is little more invasive that will threaten the very citadel citadel of our democracy so what is required is a real brain storming by all concerned at the highest level in the affairs of governance so that there can be convergence of use and we are in a position to contribute to the growth of this great nation which at the moment is on the rise
thank you thank you sir uh shashank chatterjee yeah can you hear me yeah we can hear you please go ahead thank you very much governors are honorable governor sir i am very happy that you are the governor of our state i being an alumni of sunny school i am very proud of you now in your speech which has been an excellent one i heard you saying that the intelligent shia should step in i would precisely like a road map which you propose for intelligencia how they should step in in the current situation
this is very close to my heart because a state of west bengal a bounce in intelligentsia and i love to interact with the people and they come with enormously talented ideas they are very innovative during kovid i found from all over the world they were contributing in their own way effectively
but when it comes to
democratic part of it they are in silence zone i have repeatedly stressed out to my heart if the silent majority continues to be silent it will be silenced forever in state of west bengal we have three fundamental problems we need to overcome one we must acknowledge what is an open secret that people here are in deep fear
they cannot express themselves as they should be doing in a democratic nation this is not a small issue i have seen people talking to me one to one and when the same people come in a group their indications to me are very different i know it
ten bricks and half a bag of cement people can’t buy out of their own volition and silence of the intelligence here is very eloquent
why intelligentsia does not focus let me put it we had most unprecedented barbaric violence after the polls i personally visited the state 13th may 14th may 15th i have seen hours and loot vandalism killing state
no one talked about it till the court intervened a committee was formed and the committee said in bengal we have rule of the ruler total flow i don’t want to get into the political plane i have discussed with the honorable chief minister you are lucky to be elected for a third term third trunk has come to you with a mandate it is time to introspect soul search if you would recollect i took the extra very step when i administered all to her and we both were together i said all is well that can’t happen we are having polls in five states to be here openly killing any violence and we have a local polls here today also i i cannot share what i am getting candidates are being locked videos are being sent to me so now democracy a sense is being compromised and silence of the intelligence here so sir i would suggest intelligence here needs to voice its concerns fearlessly that i do not find at the moment happening
i hope it happens
thank you sir thank you unfortunately yes
is there any anybody else who has a question do you want to say anything sir
i have a question sir
there are a lot of people particularly from the opposition rule states who claim that federalism of the constitution is in danger because their powers are being used up by the center
may i have your comments
uh once undoubtedly this issue has occupied a lot of space and there have been joint representations also
i have carefully gone through it very very carefully going through it while autonomy of the state to the extent it is afforded by the constitution
must be very sacred
but the challenge which the states are labeling against the center has to be analyzed on constitutional premise let me take the case of services the recent change which has been made is a cause of major controversy between states and the center and all kinds of statements are being issued i have examined it from the perspective of the state where i am the first citizen now central government does not have is an ips of its own am i clear central government does not have is an ips of its own it gets is an ips from the states if states do not respond and do not contribute in the measure they should then as dicey said a great jury is long back that if there is a right there has to be a remedy so if it is right in law of the center to have from the state pool i specified number of the officials and they don’t come now if this is to be taken as a point of strain between central and state one with great respect and would not go for it the other issues which are regularly raised is that the center is not able to give funds which are due to a state and this is an issue which is being primarily raised by the state of west bengal on numerous occasions in writing and otherwise as a first servant of the state i have written to the government indicate to me that this is the amount the central government has to pay to the state and i would be a foot soldier of the state but if it is only for optics then the issue will be very different
but it’s a very very important point and again for that i would urge several mechanisms for example we have national bodies where the chief ministers are party they should be deliberating on it but let me share my anguish with you and let me share my real concern if you look to the social media of very intelligent people you will find one thing there rational is missing
that should not be happening
but sir it was a great question and
as i suggested that a conference of governors and chief minister should be there the people at the helm how to rise about political parties and interests to address the issues from national perspective so that larger welfare of the people takes place now for variety of reasons because of compulsive situations that is something which is not happening
so thank you sir and uh any anyone else who would like to ask a question so i have one uh simple observation i would request your remarks on that so we have the constitution has provided for legislative councils in the states like we have rajya sabha we similarly have you know legislative councils in the state many of the states have done away with it and many say they do not require it and in the process of doing so so um what is the significance what are the thought behind the framers of the constitution about having a upper chamber legislative council in the states why is it being discarded and is there a constitutional provision to negate such such such actions by the individual states if you will see it we have a council of states which we call as rajya sabha and council of states is permanent unlike lok sabha lok sabha may not be in existence at a particular point of time but the council of states will be there several states are their own councils and there is a provision whenever we go to any state provision let’s say including the legislature composition under article 168 then they will say it consists of the governor then the house and then the council our state of west pago is a fairly large had this council in late 60s and it was abolished
few months back her resolution has been passed by the west bank institute assembly
again i come to the same situation my anguish and pain i have done all i could possibly to get a copy of the resolution your governor has not been able to get it my purpose was very clear council would be talented people people with experience people who can bring something on the table who do not wish to face the electorate not because they fear the elected but because by their academics by their position by their exposure by their inclination by their attitude they do not wish to get into that electoral competition will find position we have heard let’s say with the state of uttar pradesh three distinguished chief ministers mayweather was in the council
yogi before this election was in council accuracy was in council so council according to me is utilization of talented human resource welfare of a state and limitation is there a small state can’t have a council understandably but our state qualifies to that situation i am personally handicapped because all my efforts to get a copy of the resolution i have so far been frustrated
sir so i i have one one more issue sir i had asked previously about legislature its status or its capacity capability intellectual capability i would say uh is actually diminishing be to the center be it the state because of criminalization of politics so as a result we are not getting the best of the people getting into politics we are not getting the best of the brains to work for the government of the of the country or the states so uh can we strengthen you mentioned about that something basic has to be done with regards to the law et cetera et cetera but the cac chief election commissioner is the constitutional institution i think he could be given more powers to declare individuals with such records to be disqualified and if a party feels such a large number of people criminals as politicians contesting election the whole party should be dis should be mastered it is disqualified like mr session had done i think he had done a wonderful job to my mind to bring in the you know airing uh political parties but can such legislation be done or can such powers be given to the cst to rectify the situation it’s a very significant point article 324 of the constitution gives enormous power to the election commission and during the relevant time election commission is in all command and it has shown its mind also and our elections have high credibility but look at a scenario if distinguished people like you to contest an election and there becomes a legal regime that you must not even have fire against you you will get twenty fires and the state of west bengal everyone will get you can have it for me my heart beats high or sleepless nights when i find that people are involved in ndps cases with minimum kenya cigarette imprisonment drop of hat so what has happened what has to be done is the governance in the country and state has to rise like a plateau which means politician has to be reformed bureaucracy has to be reformed judiciary has also do his job
only then trust me our legal regime the best candidate will not be able to condition election because that will happen here you see what has happened in last two days
i am absolutely in deep pain what i have revealed to the people at large is only tip of the iceberg
when i say
we are i am difficult to fight with a person who concludes a state of west bengal is a gas chamber of democracy it is difficult for me to give counterpoint to a person who says it is laboratory of violation and decimation of human rights having seen with my own eyes
it is then of corruption if statutory audit which is required to take place every year has not taken place for 10 years
if diversion offers can be ruled no one raises an issue therefore i was saying what has happened to intelligent shia i raise issues i know their knives are out they will troll me they will hold press conferences but i will not deviate from basic issues diversion of funds is culpable and that capability has taken place here extensively look at the kind of recruitment scams are here i am motivating myself i am not indicating the real part of it my heart bleeds and i’m talking to the people i’m seeing on the screen also said people get into is people get into ips through toughest of examination it is not patrolation and imaging is young boys and girls are unable to get post of distribution state a post of sp can you imagine what they would be having and here we have flem family secondly why is about intelligentsia sir imagine cling pong either district with one constituency and the two partners have i may raise more than 30 each all over the country we have a mechanism why i am trading with intelligentsia all over the country we have a mechanism that there will be a district in the district they will distribute it there will be district sp and there will be stitches here go to the north and south partners there will be one distinguished state there will be three sp’s and two commissioners
basic issues are not being addressed at all the state is getting into dual culture and with no sense of accountability
listen whenever i look to anything at all there are no answers at all
for example is the governor wrong when it says that during pandemic purchase the chief mr owner own ordered inquiry into the 2000 code scam she found loopholes irregularities she appointed a committee high power
therefore right now the greatest challenge in central state relations is can i state be state within a state can i state belong to itself
can i state of that kind of sovereignty with the constitution does not give it and that is what i see every day so a difficult challenge sir this challenge can be overcome and the greatest benefit will go to the people for example i go to bengali homes i love the food i love the interaction i find where is the youngster they see outside there is no prestigious global institute in the world where a bengali mind is not contributing no institution but there was a time when people used to flock human resource was attracted to city of joy and state of west bengal capital was attracted for industry trade business health care education tourism and now a trend was to well for medical treatments our flight of human resources very painful our youngsters if they were here would create wonder out of it i have said out of conviction that new zealand and singapore italy and france let us focus on culture we have best of it let us focus on what nature has given it given us we are in bountiful measure why are we not in a position to exploit the potential the moment that is done this state is bound to be at number one but it can’t be governed by optics every day you’ll find a newspaper for example i’ll tell you what pain i have i’ll share it with you because i am with people who can be judgmental about me mr sugar troll a distinguished parliamentarian put on public domain governor is sending tweet to me against mamtaji every day
it hit the headlines in the country and outside also several of my friends taught me we never expected you that you will act in this demeaning manner why are you sending tweets from messages to a distinguished parliamentarian of his party against the chief minister they said mr letter smells to me fact is i have not sent a single message
i have returned to show that i show it have indicated what do i do we have honorable sickness to who says i get food every day from tasmania my wife is such a great cook sir i’m a vegetarian i’m a tea toddler and i don’t what do i do therefore i said i’m hurt that if one intelligence here will come to my aid i will get geometrical support so right now diagnose the problem of state of western world no one has freedom here it is a policy state it is a state within my state here corruption is rampant institutions are dealing with corruption diversion offense is taking place there is no accountability no transparency i am determined to enforce it because it is my duty and i will not fail in my duties i will prosecute it irrespective what others do a moment any one of you will point out that governor could
i will catch both my ears and be on a collection path therefore sir your silence now i’m putting it sir your sinus will silence will make us absolutely in a state of affairs that will take another few decades to come out of it in any case i am sorry sir but i could not help myself and because rarely do i get an opportunity to talk to the people who are much wiser than me who have greater experience than i have and who would feel about it they would reflect about it no institution here is functioning
if a chief minister could go to nizam palace stay there for eight hours and says either release them or arrest me i had sanctioned the rest of those people two of them were sitting ministers it was after investigation
but we are in constitutional anarchy at the moment to no doubt about it and i will do all i can do under my command within my limitations to work and overwork and work overtime to serve the people of state of west congo i hope i meet with some success
thank you sir thank you for your address and taking on the question answers session i now request general johnny mukherjee who is the vice president of senesce to kindly deliver the concluding remarks and the vote of thanks
good evening your excellency and all of you
it falls on me to give the closing address and also put across the vote of thanks
your excellency honorable
governor of west bengal air chief martial auto chief of the indian air force and now president of senators k members of senesce guests
firstly a word about late mr ranjit because i have an important point to make here he was an extremely esteemed and important member
of our think tank senesce
and he was the vice president finance of our organization besides being a very important member of india’s oil industry to the extent of being
a minister imperatives in the central government related to oil and in the assam government
it is i must say it is unfortunate i say this from my heart not on behalf of sanskrit he has not received his due from either the state of assam or the indian oil industry or the northeastern oil industry and we would earnestly request the northeastern oil industry in the state of asia to partner with us on making this lecture that we are having for the first time today in his honor
a regular affair and to partner us with it that is my humble request to you on behalf of sanjay and all of us here i think it’s important because he’s a great and very good man and he did a lot for assam and the northeast and the industry
however from our side
we in the governing council decided that we we would like to honor him by holding this lecture annually
on a very important subject like today it was on center-state relations the topic we had chosen today is a burning topic of public interest over which we frequently see a lot of acrimony and tension
that of center state relations in india and who better to uh to talk to us on the matter than his excellency our governor a former mp minister supreme court lawyer and expert super one of the supreme experts on arbitration and an expert on constitutional matters including center-state relations
the subject itself is extremely complex
and is a subject i am not really qualified to talk on even though as with many of us here who are former government servants and armed forces officers have sworn oaths to uphold the constitution of india
i will therefore refrain to do anything other than outline the main points of his excellency speech i would however like to complement his excellency on behalf of all of us for such a brilliant frank forthright and eludic speech thank you sir we are honored to have you with us and have you talking to us
however there are many who would not agree with you on some issues sir but that is part of dialogue and exchange of views
but once again thank you sir it also it calls on me to express a vote of thanks but before that i’ll quickly run through a summary of points and uh i hope i don’t miss out the important ones
here we are
growing a little old and can’t see very clearly sir i hope i can read what i’ve written
the first point was
mixing up the places
the first point is india is a union of states
and it is important it is imperative that harmony and partnership be maintained in relations
secondly discussion
to ensure that the constitution functions must be unanimous and harmonious
nitio unlike the previous planning commission
is a collaborative agency wherein it is collaborated with the states for planning of work
the fuzz of the constitution
whilst they did an excellent job of framing it did not really conceive or plan for such an situation as is happening today with acrimony between the center and the states
including relationships between the chief minister and the governor
this is unfortunate the president was bound by the advice of a council of ministers it is not so on all matters as far as the governor
and the state government is concerned the governor
in many issues is required to act and is bound by the constitution and his oath
missions now between the center and the states have unfortunately become highly politicized with a lot of confrontational attitudes creeping
there is a need for reefs to resolve these issues as far as the constitution is concerned when we come on to questions and answers
there’s a require for an annual conference
with the chief all the chief ministers and governors of the entire union of states all the issues
and to ensure better governance
a lot of criminals have entered into politics and are now actually participating in ruling this country
this needs to be resolved and you are given a suggestion that as long as candidates are selected properly and blocked from entry if found on triple then that should meet the requirement
the intel intelligentsia should be more active
not more active should be totally active to bring about change and to prevent misrule in the states and the country
they must have the guts to sit up
and speak what they feel
federalism
i missed the question regarding uh center state relations regarding the federal structure being endangered is excellently fed excellency felt that as long as a harmonious relationship is maintained and constitutional norms followed this should not be the case
a question was also asked
regarding legislative legislative councils which were abolished in many states many years ago why and why should they not be reintroduced particularly as they were selected from the intelligentsia to give their views this needs to be
reinstituted and the last point was really more power needs to be given to the election commission
to ensure that proper people are elected the effect remains is the election commission already has tremendous powers to do so no further powers are really required
i i think those are most of the points if there are any points which i had left out then i’d get in touch with his excellency secretary and add those on
is there anything you’d like me to add sir no it’s fine sir thank you sir i’d like to now express a vote of thanks the first board of thanks is to his excellency the honorable jack the jagdeep
for an excellent and illuminating talk on center state relations in india thank you very much sir we are highly honored to hear your views on the subject we must also thank air chief marshal raha for having conceived the topic and made this
lecture feasible
our member and honorary secretary brigadier neelu mukherjee has almost single-handedly organized this webinar and virtual talk
he’s been assisted by general shep mukherjee mr mehra for trouble for digital conduct and our office superintendent mr robert ellis i must on behalf of all of us thank you all from the bottom of our hearts for taking all this effort