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Shadow of Article 356 looms over Goa

Sandesh Prabhudesai in Panaji

Would Article 356 be used in Goa, with both the national parties, the Congress and the Bharatiya Janata Party, agreeing to dissolve the House and impose President's rule in the tourist state?

The question is being heatedly debated in the political circles in the state capital even while desperate efforts are on to stave off the possibility since elections are due later this year.

The tug-of-war is between Chief Minister Luizinho Faleiro, who has to now prove his majority in the House on Monday, and former chief minister Dr Wilfred de Souza, who has staked his claim to form a coalition government, once again with the help of the opposition.

But the Bharatiya Janata Party, one among the opposition with only four members in the 40-member house, however holds the key to whether de Souza would take over from Faleiro or if Governor J F R Jacob will recommend dissolution.

Faleiro's is the fourth government which has plunged into a crisis in the last seven months, as two of his ministers resigned and supported de Souza's coalition. While the Congress had 21 members, including two independents, de Souza's 19 included six of his Goa Rajiv Congress, eight of the Maharashtrawadi Gomantak Party and four BJP, besides one independent.

The BJP obviously supported Willy when he staked claim and compel Faleiro to seek a confidence vote after two from the ruling camp shifted sides. But they are still not committed to support him to form the government. "We will decide our strategy about the new government only after seeing the results of the confidence vote", says BJP spokesperson Manohar Parrikar.

The BJP has publicly declared that it wants early polls by May or June and is not interested in supporting any government, as it had supported de Souza from the outside from August to November. They have offered conditional support to de Souza, provided his coalition government recommends dissolution of the house, paving way for early polls.

de Souza is also not averse to the idea, but is still exploring other options to try and continue in power till the elections scheduled for November. Claiming the support of two more Congress MLAs, he is trying to persuade more Congress MLAs to shift allegiance to him.

"You cannot trust these greedy politicians. We want a firm assurance", says Parrikar. Even the general public is frustrated with the state of affairs as the legislators are now splitting without even forming a group of one-third to save themselves from the provisions of anti-defection law.

On the other hand, sensing defeat on Monday, the Congress has already sought President's rule, but wants the governor to propose it. However, having an option to invite de Souza to form the government, neither the governor nor the central government would prefer touching Article 356, disclose Raj Bhavan sources.

Both the Congress as well as the BJP, however, do not oppose the idea of imposing President's rule, provided the other party recommends the same to the Centre. "Let them do it, we will support it", say both Faleiro and Parrikar.

But if de Souza does not agree to recommend dissolution immediately after taking over from Faleiro, then the BJP plans to create a situation which would leave no other option for the governor but to recommend Article 356 and imposition of President's rule.

By not supporting any party to form the government, the BJP is planning to create a situation of "failure of constitutional machinery as the governance of the state cannot be carried on", since no party would be in a position to form the government.

The Congress, disclose sources, has also agreed to support the BJP on this as it would keep de Souza away from becoming the caretaker chief minister till elections are held. Sources close to de Souza, however, claim that they have already chalked out an alternate plan to counter the BJP's gameplan and form the government without BJP help.

The picture, however, would become clear only on Monday when Faleiro faces the floor test. If he wins, it has to be seen whether the Congress would then take a risk of continuing in power or recommending dissolution, as that would keep the Congress on at the head of a caretaker government.

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