By Md. Zeyaul Haque

Special to IslamOnline

NEW DELHI, Sept 2 (IslamOnline)- The Bhartiya Janata Party (BJP), leading the coalition government at Center and ruling the Gujarat state on its own, sustained a double blow to its public stand as the apex court backed the Election Commission rather than BJP on legislative assembly poll dates.

The Supreme Court ruling came Monday, September 2, when a five-judge Constitution Bench headed by Chief Justice BN Kirpal observed that “ Perhaps November is the most likely date for holding polls. So, Gujarat is not an issue for us.” BJP had been trying hard to have elections in mid-October.

The other setback was being forced to withdraw its gaurav yatra (pride march) program Sunday, September 1, due to a similar march organized by the opposition Congress Party. It had to cancel the march for fear of clashes with workers of Congress Party. BJP had to postpone its controversial march to September 7.

On both issues the BJP’ s desire to cash in on anti-Muslim sentiments (built by it over a period of time) was frustrated. BJP, many of whose senior functionaries, including Gujarat chief minister Narendra Modi, wanted to have elections in October to garner majority Hindu votes by taking advantage of the anti-Muslim feeling created during the massive anti-Muslim pogrom.

The powerful Election Commission of India, against the wishes of the governments at Center and in Gujarat, decided not to allow elections in such unsettled conditions. That incensed the Centre and Gujarat governments. Ultimately, the Center referred the case to the President of India to be examined by the final arbiter, the Supreme Court of India.

In Monday's ruling the SC said, taking an entirely different line from the Central government, “ It will be incorrect to say holding polls in November-December will be wrong.” That vindicates the Election Commission’ s standing as the sole constitutional authority to decide time of elections.

The presidential reference to SC also includes an examination of Election Commission’ s powers under Article 324 and the mandatory sitting of the assembly within six months under Article 174 of the Indian Constitution. The BJP insisted that the Election Commission is bound to hold elections so that there is a new assembly in Gujarat within the stipulated "six months" of the previous assembly dissolved by the present Gujarat government hoping that new elections would not be a problem. But the Election Commission said that conditions in Gujarat and dislocation of voters do not allow elections within the time-frame desired by the state government.

The SC separated this issue from the issue of poll date. Article 324 and Article 174 would come in at another hearing on September 17.

The court also snubbed government pleader, Solicitor General Harish Salve, saying

“ If you think a decision can be given by the October deadline, it is impossible for all practical purposes.”

This stance of the SC was expected, because like the independent Election Commission, India's higher judiciary too is fiercely independent. In a landmark judgment, the Allahabad High Court (which is lower than the SC) had unseated India’ s most strong-willed prime minister, Indira Gandhi in June 1975. That judgment came when she was at the height of her power after creating Bangladesh out of East Pakistan.

The latest SC ruling comes at a time when BJP has still been smarting from Sunday’ s setback regarding its "pride march." Gujarat Congress Party leader Shankarsinh Vaghela, who forced BJP to cancel its march, declared BJP must drop the pride march. “ What is it proud of? What has it done to earn that pride?,” he asked.

Muslims feel BJP is proud of having taught them a lesson. That such lesson-teaching is dangerous for the future of the nation is evident to most people. Last time BJP had to cancel the march as National Human Rights Commission and Leader of Opposition Sonia Gandhi forced the Center to get it cancelled.