Political Diary

New Delhi, 4 January 2022

Governor Tattle

NEED TO REINVENT

By Poonam I Kaushish

Public office has a lot to do with perception. Wherein, one’s actions do the talking. Alas last week in a Constitutional onslaught Meghalaya Governor Satyapal Malik did the unthinkable: He criticized Prime Minister Modi by asserting “Wo bade ghamand me theh” whom he fought with over the contentious farm laws (now repealed) topped by Home Minister Shah telling him “The PM has lost his mind.” Only to retract it by saying Shah told me “my concerns will be understood.”

Call him a Governor with a difference, who calls a spade a spade, grabs eyeballs or whose second name is controversy, but at a time when Governors of many States are accused of being partisan to the Sarkar, its kathputli, Malik, has the Centre in a bind for his uncanny ability to court controversies, left BJP leaders perplexed, embarrassed the Party and provides fodder to Opposition .

True, Malik has generated rows in all stints as Governor of four States in as many years. From claiming he was offered Rs 300 crore bribe to clear “Ambani” and an “RSS-linked man” files… J&K Governors didn’t work, only played golf and drank alcohol in Srinagar, down alleging corruption in Goa BJP Government to tom-tomming many murders in a single day in Patna day.

Earlier too BJP’s Meghalaya Governor Tathagata Roy used to create storms with statements against his Party in West Bengal. In the wake of the BJP’s defeat he said “garbage had come and now garbage was going out (referring to defectors from the TMC).

However the issue is not Malik or Roy but it has put the Governor’s role under the scanner. Questionably, are Governors the Centre’s doormats? Or are they keepers of people’s faith as Constitutional heads of States? Are ideologies the touchstones for Constitutional matters? Would this not weaken the country’s federal structure? Are there any rules to emphasize some semblance, coherence and uniformity in gubernatorial actions? A charter of directions and guidelines?

Sadly, in a milieu of you scratch my back and I yours, a gubernatorial post is no longer decided on whether a person is a man of stature known for his integrity and objectivity, instead it is the perfect lollypop for political castaways, parting gifts for subservient bureaucrats and convenient posts for inconvenient rivals, totaling over 60% today. His essential criteria:  whether he can be a  chamcha .Consequently, the Governor has become a convenient tool of the Centre specially in Opposition-ruled States where he runs the administration by proxy.

By playing the I-spy game---petty politricking, gross interference, open partisanship---at the Centre’s behest. Sending for files, summoning Ministers and bureaucrats. To hear, entice, provoke and register the voice of dissent against the State Government to their political patrons in Delhi. Bluntly, make life hell for the Chief Minister at every step.     

To be fair to the BJP-led Government, it is only carrying forward a long established tradition of Congress, United Front and UPA whereby the Governor largely functions as a lackey of the Centre, ever ready to destabilize the ship of the State or whereby a Rajyapal  relinquishes his office and again returns to active politics, thereby turning the conventions of a Governor always a Governor on its Constitutional head.

Recall, Congress’s Shinde who relinquished as Maharashtra Chief Minister in November 2004 was anointed Andhra Governor the same day. Two years later he re-entered active politics as Union Power Minister in Congress-led UPA I before shifting as Home Minister 2012. Ditto Mizoram BJP Governor Rajasekharan resigned in 2019 to contest Lok Sabha elections from home State Kerala where the BJP wanted to make a dent.

The latest in this rajnitik ring-a-ring-a-roses, the President appointed Koshyari, Bandaru Dattatreya, Tamilisai Soundararajan and Arif Mohammed Khan as Governors to Maharashtra, Himachal, Telangana and Kerala. There claim to fame? While three are staunch BJP leaders, Khan an ex-Congress Minister who resigned from Rajiv Gandhi’s Government for overturning the Supreme Court verdict on Shah Bano fits the Saffron criteria of a “good Muslim”.

In fact, many of the appointments were so brazen that the Supreme Court was constrained to order in 1979: “The Governor’s office is not subordinate or subservient to the Government of India.  He is not amenable to the directions of the Government of India nor is he accountable to them for the manner in which he carries out his duties. This is an independent Constitutional office which is not subject to the control of the Government of India…”

All seem to forget a Governor’s true function is not just to represent the Centre as Head of State, but serve his people and fight their battle with the Centre, not vice versa. He has to bear in mind the overall national interest, not partisan Party interests and be in tune with his own people, not with the party in power at the Centre.

The Constitution empowers him to influence the decisions of an elected Government by giving him the right “to be consulted, to warn and encourage”. His role is overwhelmingly that of a “friend, philosopher and guide” to his Council of Ministers with unrivalled discretionary powers. A lot more than those of the President.

Pertinently, the Sarkaria Commission had not only endorsed the Supreme Court but also made two weighty recommendations. One, Governor should be appointed in consultation with the State’s Chief Minister. Two, his five-year tenure should not be disturbed, except in rare circumstances for “extremely compelling reasons”.  As he is a “Constitutional sentinel and vital link between Union and State, not a subordinate or subservient agent of the Union Government”.

Tragically, the prism of time has distorted the Governor role whereby successive Central Governments have used, abused and debased this office by reducing Governors to the position of the Centre’s trumpet ever ready to destablise the State, if desired by New Delhi. Most have no qualms of conscience in rubbishing it in personal or Party interest, overlooking the Constitution’s letter and spirit.

Bluntly, the Governor’s office is in shambles and is no longer playing its key role as envisaged by the founding fathers. It has to be revamped and restored to its old glory as he/she has a distinct role in ensuring the country’s unity and the well-being of the people of his State.

Clearly, we need to find a new method of appointing Governors. Consultation with State Governments might not be enough as some might be supportive of the Central Government. Instead, Rajya Sabha should screen prospective candidates who should be interrogated, investigated and judged on suitability before confirmation.

The President too should not just act on the aid and advice of his Council of Ministers but could lay down guidelines wherein he is not misled about a person’s political affiliations and politics and only those citizens appointed who are politically neutral.

Arguably, can India afford to allow persons holding Constitutional offices to accept political “rewards” for doing at its bidding? No. Ultimately, principles emerge from good practices not bad ones. Good principles recognise Constitutionalism and democracy. Time we restore Governor’s office to its old glory. This calls for fairness, uprightness and adherence to Constitutional values and conventions.

Our leaders need to rise above politics and appoint neutral non-political Governors not yes-men or neta-turned rajyapal-turned neta. It is now imperative leaders and Parties who postulate the Constitution also practice what they preach!----- INFA

(Copyright, India News & Feature Alliance)