The Union minister of state for environment and forests (not to forget, independent charge), Jairam Ramesh, made a curious remark while signing off on the Posco project in Orissa. While declaring correctly that “faith and trust in what the state government says is an essential pillar of cooperative federalism”, and gratuitously conceding that “beyond a point, the bona fides of a democratically elected state government cannot always be questioned by the Centre”, Mr Ramesh still proceeded to do precisely that. While not clarifying what that “point” is in a case such as this, and how the point on which the Centre can question a state government’s “bona fides” is constitutionally defined, and, indeed, who defines what is bona fide and what is not, Mr Ramesh went ahead to enunciate a bizarre new principle of Centre-state relations. Explaining the reasons for clearing the project, the minister added that he was “deeply uncomfortable” with the project because the original memorandum of understanding (MoU), which has now expired, had provisions for the export of iron ore. Mr Ramesh then declared that he now “expects” that the revised MoU between Posco and the Orissa government will completely avoid such provisions. How is a Union minister’s personal discomfort relevant to a national policy decision?
That, precisely, is the question that the state government rightly posed when it asked Mr Ramesh to mind his own business! The state government is right to assert that the minister’s personal views do not constitute official policy. The MoU between the Orissa government and Posco has not violated any law or policy. Ministerial discomfort, that too expressed in the first person (with Mr Ramesh constantly saying “I” in his official statement rather than “the ministry”), cannot become the basis for government policy, however well-intentioned. Today, one minister may be discomfited by iron- ore exports for good economic and ecological reasons, tomorrow another may feel equally uncomfortable for political reasons, and the day after yet another minister could express such discomfort if he is not adequately compensated!
If the export of raw materials is disallowed by law then no company can export iron ore. If such export is not banned, how can ministerial discomfort come in the way? Perhaps it is the decency of Orissa Chief Minister Naveen Patnaik that prevented him from letting off steam. Or he may well have thought that it was enough for a state government official to pooh-pooh Mr Ramesh’s whim and fancy. In any case, the larger issue of whether iron-ore exports ought to be permitted or banned is currently being considered by the Supreme Court, even if this is once again one of those issues on which a court ought not be sitting in judgement. A Supreme Court bench has, in fact, given an interim injunction lifting the ban and permitting such exports. With the matter still sub judice, it is funny that Mr Ramesh should be lecturing a state government on what he thinks is good and bad policy.
