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Federalism in Crisis
Context
Violent protests broke out in Murshidabad district, West Bengal over the Waqf (Amendment) Act, leading to communal tensions, deaths, and property destruction. Allegations of police inaction, mob violence, and selective targeting of community properties raised serious governance and federal concerns.
Federalism: Breakdown in Law and Order
- Law and order is a State subject (List II, Seventh Schedule) under the Indian Constitution.
- However, when state machinery fails or is unable to control violence, the High Court or Centre can step in to ensure rule of law.
- In West Bengal, State police allegedly failed to respond promptly to distress calls. High Court observed that it "cannot turn a blind eye" and ordered Central Force deployment under Article 226.
Relevant Constitutional Provisions:
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- However, it raises questions about:
- State responsibility in maintaining order
- Role of the judiciary in federal checks
- Need for coordination between State and Centre during internal disturbances
Pattern of Communal Mobilisation over Property Issues
- Disputes over religious or community property often escalate into violence, especially when:
- There is unclear legal jurisdiction
- Communities feel excluded from policy dialogue
- In this case, alleged targeted attacks on certain community homes and businesses show:
- Risk of communal polarization
- Failure to uphold the secular mandate of the State
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