Political Diary
New
Delhi, 22 May 2018
Governor’s Scam
NEED FOR AN OVERHAUL
By Poonam I Kaushish
Whoever
said different political strokes for different political folks was dead on.
Specially when it comes to the high Constitutional office of the Governor.
Wherein handpicked loyalists do whatever their mai baaps sitting on India’s Raj gaddi want. Governance, after all is one big nautanki which has rewritten the basic time-honoured rules of authority
and turned democracy on its head. Bend them, break them, who cares!
Alas,
the charade played out in Karnataka between Governor Vala, BJP and Congress-JD(S)
combine once again brutally exposed two reprehensible facets of our rulers’
democratic temper. At the political level, governance is shamelessly all about
cutting deals, side deals and underhand deals. At the Constitutional level, the
happenings in Bengaluru have once again put the Governor’s role under the
microscope.
The
grimy tale has its genesis in the Governor calling the BJP which emerged as the
single largest Party with 104 MLAs, though short of a simple majority by 8
legislators to form the Government giving it 15 days to prove its majority.
Predictably, the Congress with 78 and JD(S) 38 totalling 116 MLAs in a
post-poll alliance cried foul and moved the Supreme Court which gave the BJP 24
hours to prove its majority in the Assembly.
The
issue is not that BJP Chief Minister Yeddyurappa did a Vajpayee and resigned
before the trust vote as he was unable to muster a majority of 112 in a 224
Assembly. Or that the Congress-JD(S) came up trumps. Either way it has dealt a
body blow to the Governor’s role in the sordid drama.
The
Congress-JD(S) accused Governor Vala of acting contrary to what his compatriots
in Goa, Manipur and Meghalaya did by insuring the BJP, though not the single
largest Party formed the Government after cobbling a post-poll alliance with
regional outfits recently. In fact, the Supreme Court upheld the Goa Raj
Bhawan’s decision.
Alas,
in this high drama the first casualty is Governor Vala who was blamed for being
a kathputli of his political mai baaps in Delhi and overlooking the
letter and spirit of the Constitution. True, he is an old RSS hand who was also
Modi’s Finance Minister in Gujarat. Yet, as Governor he should realize his is a
Constitutional position and role and should be guided by recent conventions and
not be ‘His Master’s Voice.’ Moreover, he needs to weigh public probity and
public interest more than political expediency.
Raising
a moot point: What is the role of a Governor, his qualifications and
Constitutional obligations and duties? Is he the Centre’s chaprasi? Or, the keeper of the people’s faith as the
Constitutional head of a State. Will ideologies be the touchstones for matters
of a Constitutional nature? Importantly, are there any rules to underscore some
semblance, coherence and uniformity in gubernatorial actions? A charter of
directions and guidelines?
Of course, this is
not the first time that the Governor’s role has come under the scanner. Be it
the BJP, Congress, Janata Party, NDA-UPA-Third Front all have misused their
powers when at the Centre to topple uncomfortable or Opposition-ruled State Governments
to further their political agendas by using, abusing and debasing the
gubernatorial office. No wonder, Article 356 has been imposed more than 120
times in various States, at the whims and fancies of the Centre. But when they
get hit all cry foul. A classic case of the pot calling the kettle black!
Sadly,
in a milieu of you scratch my back and I yours, over 60% of present Governors
are active politicians, Saffron Sangh cahoots or ‘pliable’ bureaucrats etc. The
essential criteria for a Governor’s
selection is no longer whether he is a man of stature, known for his integrity
and objectivity, but is he a yes-man, a chamcha.
He runs the
administration by proxy. By playing the I-spy game --- petty politicking, gross
interference, open partisanship at the Centre’s behest, sending for files,
summoning Ministers and babus. To
hear, entice, provoke and register the voice of dissent against the State
Government to his political patrons in Delhi. Bluntly, make life hell for the
Chief Minister at every step along-with vision of personal grandeur and use it
as a springboard to return to active politics.
Instances are
aplenty. Meghalaya 2008, Karnataka 2007, 2011, Goa, Bihar and Jharkhand 2005. The
common denominator? Each Governor interpreting or should one say
misinterpreting the rule book any which way he wants, drawing his own
conclusions based more often than not on delusions as long as he and his
benefactors at the Centre could rule the roost. What to speak of 1971-81 during
which in all 27 State Governments were dismissed by mis-utilizing the
Governor’s office. By 1983 President’s Rule was imposed 70 times.
To curtail the
Governor from playing politics in the Chief Ministerial stakes, the Justice Venkatachaliah
National Commission to Review the Working of the Constitution wanted the Chief
Minister to be directly elected by the Assembly to obviate the need to test
majorities in the Raj Bhawan. It opined this would combat the growing menace of
horse-trading (sic.).
Pertinently, the Sarkaria
Commission noted the Governor’s role was that of “a Constitutional sentinel and
vital link between the Union and the State…Being the holder of an independent
Constitutional office, the Governor was not a subordinate or subservient agent
of the Union Government.” It also suggested he be appointed in consultation
with the State Chief Minister. This was endorsed by the Supreme Court.
Experts affirm the
Governor’s role is to represent the Centre, serve his people and fight their
battles with the Central Government, not vice versa. His role is overwhelmingly
that of a “friend, philosopher and guide” to his Council of Ministers with
unrivalled discretion. He has to bear in mind overall national interest, not
partisan Party benefits. The Constitution empowers him to influence decisions
of his Government by giving him the right “to be consulted, warn and encourage”
What
next? Sadly, all lament the decline of the Governor office but continue to
misuse and abuse it for personal and Party ends. Not only does it generate bad
blood between Lilliputian politicians but denigrates the Constitution.
Clearly, Karnataka is
a lesson on the dangers of appointing political hatchet men to high offices
which calls for fairness, uprightness and adherence to Constitutional values
and conventions. We need to cry a halt to the growing depravity. The Governor’s
office needs to be revamped and restored to its old glory. Remember, what
matters are not men but institutions. One can tit for an individual but not tat
on the State. If all fails, abolish the office.
Governors need to
remember that democracy means respecting the Constitution and upholding
established conventions along-with realizing the essence of Constitutionalism
is restraint and not confrontation. Time to seriously introspect whether
persons with a preference for extra-Constitutionalism and lack of restrain
should be appointed or continued as Governors.
Time now to rise
above politics and set healthy and gracious conventions for high Constitutional
offices if our democracy is to be put back on rails. We need to appoint neutral
non-political Governors. As long as the Centre continues to play partisan
politics, India and its unity will be greatly hurt. The Governor must not be
reduced to being a who’s who to who? who? A glorified chaprasi! It is now imperative that the Prime Minister who
postulates the Constitution also practices what he solemnly preaches! -----
INFA
(Copyright, India
News & Feature Alliance)
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