New Delhi (19.05.2021): Former Union Home Secretary Gopal Krishna Pillai (30 June 2009 -30 June 2011) has reportedly described the decision providing central security cover to Bengal BJP MLAs as totally undesirable in view of the fact that the law and order is a state subject.

Using rather harsh language, he called for the sacking of the IB Director for his official report on the Bengal law and order situation. Further, in a rather patronizing language, he unsolicitedly advised the incumbent Home Secretary to reject the IB Chief's report and withdraw the central security cover given to Bengal BJP MLAs.

What Pillai has apparently not taken into account while ventilating his private opinions is the fact that the Constitutional provisions on law and order are liable to be interpreted differently. Being dynamic, these provisions seem to take into cognizance the future contingencies as well.

Constitutional experts may agree that even though the Supreme Court discouraged the exercise of power under Article 356 for dismissing state governments in the famous SR Bommai Vs Union of India case, it allowed a restricted and limited application of power under this Article in certain situations like the following ones for instance:

Internal subversion where, for example, a government is deliberately acting against the Constitution and the law or is fomenting a violent revolt.

Physical breakdown where the government willfully refuses to discharge its constitutional obligations endangering the security of the state.

This being the state of the legal and constitutional situation, it's better to wait and watch how the Bengal situation unravels instead of ventilating one's opinions.