Political Diary
New Delhi, 14 February 2023
Gubernatorial Rejig
ELECTORAL
END GAME STARTS
By Poonam I Kaushish
The more things change the more they
remain the same. An adage which resonates in the corridors of power when it
come to dispensing the rewards of office. Whereby handpicked trusted loyalists
are appointed as Governors who will do whatever their mai baaps sitting on India’s Raj
gaddi want.
The latest in this rajnitik ring-a-ring-a-roses, the President appointed appoints 6
new Governors, and reshuffled 7 others of which Meghalaya and Nagaland are
election-bound States. Clearly the rejig
marks the beginning of a long electoral season which will see 9 Assembly
polls this year Besides, it comes at a time of friction between some State
Governments and Governors.
Of the 6 new appointees four are senior
BJP leaders and one, a former Supreme Court judge. Justice Nazeer who retired a
month back has been part of several milestone verdicts including the
politically sensitive Ayodhya land dispute, triple talaq, legality of demonetisation and right to privacy. He heads to
Andhra Pradesh.
Predictably, his appointment has created
a huge controversy. The Congress is correct when it replays former senior BJP
leader Arun Jaitley argument in Rajya Sabha 2012, “pre-retirement judgments are
influenced by post-retirement jobs…It is a threat to independence of the
judiciary.” Of course, this is not to discredit Justice Nazeer’s credentials
but as a practice should be avoided.
The BJP counters by citing Supreme Court
judges Fatima Beevi was Tamil Nadu Governor 1997-2001 and Saiyid Fazl Ali Assam Governor 1956-59 both by Congress. The
Government had also ruffled Opposition feathers when it appointed ex-Chief
Justice of India Sathasivam Kerala Governor 2014 and nominated former Chief
Justice of India Rajan Gogoi who headed the Ayodhya bench to the Rajya Sabha.
I remember a famous 2004 anecdote when
Punjab Chief Minister Badal reprimanded former CEC MS Gill for accepting Rajya
Sabha MP-ship from Congress. Retorted Gill: “Maine
koi theka liya sau saal da”.
Focus will also be on new Assam Governor
current leader of Opposition in Rajasthan Assembly Kataria as it paves the way
for the Party to overhaul, announce a new leadership in its State unit and
resolve internal factionalism. It remains to be seen if BJP decides to
implement its Gujarat election strategy of nudging older leaders to retire
while dropping a chunk of sitting legislators. The election of the next leader
of Opposition will show which way the wind is blowing.
The shift from Jharkhand to Maharashtra
of Ramesh Bais will also be watched closely as it marks the end of Koshyari who
had multiple run-ins with the erstwhile MVA Government alongside his
controversial Shivaji.comments. No matter Bais leaves unresolved a simmering
row of the Election Commission’s recommendation on disqualification demands of
Chief Minister Hemant Soren over a mining contract. Ladakh’s new Lt Governor BD
Mistra comes amidst civil society protests.
Pertinently, the appointees have also been
chosen to keep the caste balance intact. Two new appointees from UP ex-Union
Minister Shukla a senior Brahmin leader goes to Himachal while compatriot
Lakshman Acharya UP BJP Vice President and Varanasi MLC from the Scheduled
Caste heads to Sikkim. Maha Backward Caste Fagu Chauhan shifts from Bihar to
Meghalaya while upper caste Bhumihar Manoj Sinha is ensconced in Kashmir.
Raising a moot point: Are Governors
intended to be the Centre’s doormats? Or are they the keepers of the people’s
faith as the Constitutional head of their respective States? 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.
All seem to have forgotten Sarkaria Commission’s two weighty recommendations.
One, the 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”. Basing
it on the premise Governor is a “Constitutional sentinel and vital link between
Union and State, not a subordinate or subservient agent of the Union
Government”. This was endorsed by Justice Venkatachaliah
National Commission to Review the Working of the Constitution. All regaled to
the dustbin.
Tragically, the prism of time has
distorted Governor role whereby successive Central Governments
have used, abused and debased this office by reducing Governors to the position
of the Centre’s kathputli, 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.
Moreover, there is a revolving door
between the bipartisan role of Governor and active politics. This has tossed
out the ‘safety valve’ envisaged by the Constitution makers of who should be
appointed Governors, manner of their appointment and their role. Leaders hoped eminent
individuals, preferably not those directly involved with politics should be
appointed to this ‘exalted’ position
Plainly even as the institution is sacrosanct
and important, truth is Governor’s office is in shambles and is no longer
playing its key role as. The quality of incumbents has time and again lowered
institutional prestige. Worse, the gubernatorial office has been unabashedly
politicized over the past three decades.
What next? Sadly, all lament decline of
the Governor’s office but continue to misuse and abuse it for personal and
Party ends. Not only does it generate bad blood between Lilliputian politicians
but in its wake denigrates the Constitution. High time for it to be revamped
and restored to its old glory as he/she has a distinct role in ensuring the
country’s unity and well-being of people. Governors
need to remember that democracy means respecting the Constitution and upholding
established conventions
Undoubtedly, we need a new method of
appointing Governors. One way is 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.
Undeniably, all eyes are on what role
these seasoned politicians who now adorn gubernatorial hats will play prior to
general elections next year and upcoming State polls. True, politics is
important but so is governance. It will be the Governors duty to ensure that as
the electoral heat rises, the latter does not recede into the background.
Public office has a lot to do with perception.
Thus, it is time to rise above politics, provide dignity to this august office
and restore Governor’s office to its old glory. This calls for fairness,
uprightness and adherence to Constitutional values and conventions.
It is now imperative leaders and Parties who postulates the
Constitution must also be
perceived as practicing what they solemnly preaches.
The Governor must not be reduced to the
level of a glorified doormat or a
who’s who to who? who? Remember, what matters are not men but institutions ----- INFA
(Copyright, India News & Feature Alliance)
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