Political Diary
New
Delhi, 29 August 2023
Governors Bane Ghulam
WHAT CONSTITUTIONAL NORMS?
By Poonam I Kaushish
Fame and
Shame. Two emotions played out on the political theatre last week. In the first, India made history when
Chandrayan 3 landed successfully at the Moon’s south pole earning the hearts of
all and accolades galore for our scientists. In the second, Punjab Governor Banwarilal Purohit earned
ignominy when he wrote to Chief Minister Bhagwant Mann asking him to respond to
his letters or face prospects of imposition of President Rule for “failure of
the Constitutional mechanism and decide about initiating criminal proceedings
under Section 124 (assaulting Governor with intent to compel or restrain the
exercise of any lawful power).” Undoubtedly, yet another contender to the Hall
of Shame trying to rewrite Constitutional norms and turn democracy on its head!
Next day a
livid Mann lashed out at Purohit asking him not to test his patience accusing
him of deliberately threatening him as his Government was working within the
Constitutional framework thereby undermining peoples’ mandate. Adding, if
President’s Rule was to be imposed, it should be done in Manipur and Haryana,
both BJP-ruled States. Repeating an allegation leveled innumerable times by
Opposition and Chief Ministers of Opposition-ruled States alleging gubernatorial
meddling in State Government’s functioning acting at the behest of the BJP-ruled
Centre.
Shot back Purohit
“I am duty bound under the Constitution to see that Administration is carried
on at a level, which would be regarded as good, efficient, impartial and honest…,
You are deliberately refusing to give information asked by me and have “extreme
animosity and personal prejudice against me.” Reminding Mann of Article 167 which
makes it mandatory for the Chief Minister “to furnish all such information
relating to Administration of affairs of the State as the Governor may call for.”
Why blame Purohit?
He is correct in asking the Chief Minister for a report on the action taken
report by the Government on availability, sale, addiction and abuse of drugs in
the State as he had received reports from various agencies on rampant drug misuse in
Punjab. Citing that 66 liquor vends in Ludhiana were sealed for selling drugs and their
availability in chemist shops.
Yet the shrill
pitch of this face-off is worrisome as invocation of Article 356, a singularly
controversial provision was used by earlier Prime Ministers, Indira Gandhi in
particularly, to dismiss unfriendly State Governments disrespecting the popular
mandate in States thereby hurting democracy. Clearly the Article should be
reserved as a last resort in cases of grave Constitutional breakdown. It has no
place in everyday communication.
However,
coming on the heels of repeated Governor-Chief Minister clashes over a gamut of
issues on appointment vice-chancellors, convening of Assembly session, absence
from official functions et al in Maharashtra
between erstwhile Governor
Koshyari-Udhav Thackeray, West Bengal
Jagdeep Dhankar-Mamata Bannerjee, Kerala Arif Khan-Pinarayi, Telengana Soundarajan-Chandrashekar Rao, Tamil Nadu RN Ravi-Stalin, Delhi Sakena-Kejriwal it is par on course.
Instances of
Governors ‘misinterpreting’ the rule book, drawing his own conclusions based
more often than not, on delusions so that he and his benefactors at the Centre
could rule the roost are aplenty. Meghalaya 2008, Karnataka 2007, Goa, Bihar
and Jharkhand 2005. The common
denominator? Each Governor interpreting or should one say misinterpreting the
rule book any which way he wanted, 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.
Less
said the better on ex-Jharkhand Governor Bais sitting on Election Commission’s
opinion on Chief Minister Soren’s disqualification over a mining contract for 6
months, prior to moving to Maharashtra.. Other friction points are Governor’s
refusal to convene Assembly sessions, university Vice Chancellor’s appointments
etc. 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.
Earlier too the Court in a Chief Minister vs Governor case said, levels of discourse should not degenerate
into a “race to the bottom.” Both Rajasthan and West Bengal have passed laws
against gubernatorial interference in education. In Rajasthan, the Governor has
been facing allegations of appointing Vice-Chancellors
with an RSS-BJP ideology in 7 of 8 universities, 6 of whom are from
outside Rajasthan.
The Centre is also wary of States where regional
Parties are ruling with wafer-thin majorities, leading to political
instability. The Governor is often used as a lever, facilitator and at worst, a
proxy of the Centre’s nefarious designs to install its own Government, at any
cost thus bringing the post into severe disrepute.
There is
no gainsaying that 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.
Expectedly,
this new nadir has once again raised questions about Governor’s role, his
qualifications and Constitutional obligations and duties. Questionably, are
they the Centre’s chaprasis? Or, are
they the keepers of the people’s faith as the Constitutional head of their
respective States. Clearly, Purohit-Mann tu-tu-mein-mein
is a lesson on the dangers of appointing political hatchet men to high offices
that call for fairness, uprightness and adherence to constitutional values and
conventions.
Underscoring
the stress India’s federal structure is undergoing and the dangers to the
country’s democratic backbone if all sides don’t take a step back and act more
judiciously as none of this is conducive
to healthy democracy. For too long, Governor’s have been perceived to be
following the Centre’s writ, whichever be the Party in the Centre.
Time now
to improve the quality of incumbents and provide dignity to this august office.
Given the growth of regional Parties, some of which lack a national perspective
and remain embedded in parochialism and identity politics, makes the case for
good democratic Governors all the more compelling.
A good
Governor can do a great deal of good and a great deal of mischief if he is a
bad Governor, in spite of very little power given to him under the
Constitution. One way to stem the spiral of ruinous clashes is to urgently
review appointments and removal of Governors. Two, Governors must be
accountable to not just the Centre but also the State and Rajya Sabha. House of
Elders could also screen prospective candidates who should be interrogated,
investigated and judged on suitability before confirmation.
What
next? Where do we go from here? No longer can we merely shrug our shoulders and
dismiss it as political kalyug. Nor
can we allow small men to continue to cast big shadows. Undeniably,
Constitutional offices should respect boundaries drawn by our founding document
elected offices should be more respectful of other authorities. It would be
wise if both sides take a step back as it will help protect democracy.
Mann has
held the political aaina with all its
pock-marks and scars. Our netagan
must desist from employing their individual meanness in the name of public
good. They need to re-think their priorities and desist from destructive
mindlessness. And remember the adage: Nothing costs a nation more than cheap leaders.
---- INFA
(Copyright, India News & Feature
Alliance)
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