In my opinion, the Union Government's decision to impose President's rule in UP is flawed. That some members of the House indulged in violence and unruly behaviour does not warrant the conclusion that the government of the state cannot be carried on in accordance with the provisions of the Constitution.

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Three basic postulates for ideal citizen laid down by Srinivasa Shasttri are:1) a sense of public spirit, meaning thereby the desire to sink one’s own personal ends in the larger ends of the community, 2) a practical common sense meaning thereby an ability to cope with and overcome the challenges to individual and collective life that arise from time to time, and 3) an ability to understand and appreciate what constitutes the welfare of the society, that is, what are the different elements that go make up the welfare.

I, however, saw substance in the plea that the defeated ruling party should not be asked to form the Ministry as it had forfeited the mandate of the people. But I also saw the danger of vesting discretion without objective criteria in the President. While the monarchy in Britain is hereditary and unconnected with parties, the President of India is elected by the majority party and his actions could be partisan or liable to be questioned as partisan. On the other hand, if he followed strictly the criterion of calling the largest party, he would avoid the charge of partisanship. Besides, the President would not be able to play politics by calling a party other than the largest on the basis of his subjective assessment that such a party, in his opinion, was capable of providing a stable government.

I ruled out any discussions on the subject [on the constitutional issue of raising any issue on the exchange of letters between Prime Minister and the President, in the Parliament], upholding the principle of confidentiality of communication between the President and the Prime Minister …a significant constitutional precedent.

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There are two things to remember. If the President is asked to do something against the Constitution, the mere fact that the Cabinet has reiterated its earlier decision may not be binding on him. If it is an administrative matter, then the reaffirmation of the earlier decision by the Cabinet will, of course, be binding. But no government and no Cabinet can ask the President to do something that is unconstitutional. So, this line of distinction will have to be drawn.

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About the Bofors issue: He (Rajiv Gandhi) said that he was quite ready to get all the details regarding payments to Indian nationals, but then Bofors Company did not want to violate commercial secrecy as it would affect its future deals. I told Rajiv, as Deface Minister I knew that all arms manufacturers were employing agents and remunerating them under different names. Therefore, it would be unrealistic to think that foreign arms dealers did not have agents. But utmost care should be taken to see that they did not influence our decisions.

I had just returned from an official trip to Botswana in my capacity as Vice President of India about one year before President Zail Singh’s term was scheduled to end. That was when I first received a hint from Prime Minister Rajiv Gandhi that he intended nominating me as the Congress party’s candidate for the high office of the President of India.

Outside support has always been a danger for the smooth working of the governments. If the President assertively persuades the parties concerned extending outside support to join the government, then such type of most unfortunate situations could have been avoided. If Rajiv Gandhi’s party had joined this government, this crisis would not have occurred.

When we framed the Constitution, we adopted the British model. Therefore, the President acts as the crown. You see, Britain has no written constitution. So, there is nothing unconstitutional there. But in India we have a Constitution and any legislation even by Parliament contrary to the Constitution is void. As the Constitution now exists, the President has to follow the British precedent in many matters. Unfortunately, there is no British precedent in this matter.

Unfortunately, people in office develop a rigidity or a false sense of prestige that the Government should not yield to pressure. I was no exception to it during my earlier career in charge of vital departments. Wisdom dawns when it is too late or the situation is beyond redemption.