Supreme Court has contemplated on the PIL that seeks to protect Hindus in West Bengal

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The Supreme Court (SC) of India has demanded explanation on July 1, from the Centre, West Bengal government and Election Commission that sought protection of life of Hindus and their property after the post –poll violence in West Bengal.

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The PIL has warned that if quick and urgent measures are not taken then this could lead to mass exodus as happened with the Kashmiri Pundits in 1990s. The PIL says that TMC won the elections on communal lines by supporting the minorities and used them to involve in loot, violence, assault against women and targeted all those Hindus who supported BJP.

This move was against the People of Representation Act to garner votes of Muslim community. The Election Commission failed to observe the democratic norms to hold the free and fair elections. The PIL alleged that the Muslims are humiliating the Hindus after the victory and making their life miserable. This has forced many Hindus to migrate to Assam as the same happened in 1990 in Kashmir.

The PIL claims that the Muslim will try to forcibly convert the Hindus to have strong grip on future elections are parties like TMC will support it for their own benefit.

The PIL has requested the SC to direct the government of West Bengal to ensure safety of life and dignity of Hindus and their places of worship or religion. The PIL also said, "The SC may also direct the central government to take appropriate action under article 355 and 356 of the Constitution at the appropriate time to protect the citizen’s life, liberty and dignity”.

Article 355

According to the article 355 of Constitution of India "Duty of the Union to protect States against external aggression and internal disturbance"

It shall be the duty of the Union to protect every State against external aggression and internal disturbance and to ensure that the government of every State is carried on in accordance with the provisions of this Constitution.

Article 356

According to the article 356 of Constitution of India "Provisions in case of failure of constitutional machinery in State"

(1) If the President, on receipt of report from the Governor of the State or otherwise, is satisfied that a situation has arisen in which the government of the State cannot be carried on in accordance with the provisions of this Constitution, the President may be Proclamation-

1. assume to himself all or any of the functions of the Government of the State and all or any of the powers vested in or exercisable by the Governor or anybody or authority in the State other than the Legislature of the State;
2. declare that the powers of the Legislature of the State shall be exercisable by or under the authority of Parliament;
3. make such incidental and consequential provisions as appear to the president to be necessary or desirable for giving effect to the objects of the Proclamation, including provisions for suspending in whole or in part the operation of any provisions of this constitution relating to anybody or authority in the State Provided that nothing in this clause shall authorize the President to assume to himself any of the powers vested in or exercisable by a High Court, or to suspend in whole or in part the operation of any provision of this Constitution relating to High Courts

(2) Any such Proclamation may be revoked or varied by a subsequent Proclamation

(3) Every Proclamation issued under this article except where it is a Proclamation revoking a previous Proclamation, cease to operate at the expiration of two months unless before the expiration of that period it has been approved by resolutions of both Houses of Parliament Provided that if any such Proclamation (not being a Proclamation revoking a previous Proclamation) is issued at a time when the House of the People is dissolved or the dissolution of the House of the People takes place during the period of two months referred to in this clause, and if a resolution approving the Proclamation has been passed by the Council of States, but no resolution with respect to such Proclamation has been passed by the House of the People before the expiration of that period, the Proclamation Shall cease to operate at the expiration of thirty days from the date on which the House of the People first sits after its reconstitution unless before the expiration of the said period of thirty days a resolution approving the Proclamation has been also passed by the House of the People

(4) A Proclamation so approved shall, unless revoked, cease to operate on the expiration of a period of six months from the date of issue of the Proclamation: Provided that if and so often as a resolution approving the continuance in force of such a Proclamation is passed by both Houses of Parliament, the Proclamation shall, unless revoked, continue in force for a further period of six months from the date on which under this clause it would otherwise have ceased to operating, but no such Proclamation shall in any case remain in force for more than three years: Provided further that if the dissolution of the House of the People takes place during any such period of six months and a resolution approving the continuance in force of such Proclamation has been passed by the Council of States, but no resolution with respect to the continuance in force of such Proclamation has been passed by the House of the People during the said period, the Proclamation shall cease to operate at the expiration of thirty days from the date on which the House of the People first sits after its reconstitution unless before the expiration of the said period of thirty days a resolution approving the continuance in force of the Proclamation has been also passed by the House of the People

(5) Notwithstanding anything contained in clause (4), a resolution with respect to the continuance in force of a Proclamation approved under clause (3) for any period beyond the expiration of one year from the date of issue of such proclamation shall not be passed by either House of Parliament unless

1. a Proclamation of Emergency is in operation, in the whole of India or, as the case may be, in the whole or any part of the State, at the time of the passing of such resolution, and
2. the Election Commission certifies that the continuance in force of the Proclamation approved under clause ( 3 ) during the period specified in such resolution is necessary on account of difficulties in holding general elections to the Legislative Assembly of the State concerned: Provided that in the case of the Proclamation issued under clause ( 1 ) on the 6th October, 1985 with respect to the State of Punjab, the reference in this clause to any period beyond the expiration of two years