Political Diary

New Delhi, 14 November 2023

SC Raps Governors

TIME FOR SOUL SEARCHING

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 Governor. Wherein handpicked chamchas do whatever their mai baaps sitting on India’s Raj gaddi want. Governance, after all is one big nautanki which has turned democracy on its head. Bend them, break them, who cares if Governor’s office is in shambles!

The latest lament was by Supreme Court Monday, which expressed acute displeasure at Governors holding back Bills in Opposition-ruled States Punjab, Tamil Nadu, Kerala and Telangana virtually forcing State Governments to approach for judicial intervention while hearing Punjab Government accusing Governor Purohit of sitting on seven key Bills including Money Bills since July. Chief Justice Chandrachud rapped, “This is a serious issue … Why should Parties be made to approach Supreme Court for Governors to act.” 

Stingingly adding, “We are a democracy in operation since birth of Constitution. These are matters to be sorted out between Governors and Chief Ministers. We will ensure Constitution is complied with. Time everybody, including Governors and Chief Ministers, did a little bit of soul-searching. Governors should not be oblivious that they are not elected by the people.” 

Chimed in Kerala, “Governor Khan held back crucial Bills, some pending for over two years… When we told him, he said ‘let us see, we will fight it out’.” Ditto Tamil Nadu which accused Governor Ravi of positioning himself as “political rival” who had caused “Constitutional deadlock” by sitting on Bills, neither assenting nor returning them for months together.

Clearly, Purohit-Mann conflict is a lesson on dangers of appointing political hatchet men to high offices that call for fairness, uprightness and adherence to Constitutional values and conventions. Worse, it underscores Centre and Governors have no intent in rectifying flaws and upholding Constitutional tenets. Specially, as it comes 6 months after Court intervened for Telangana asking Governor Soundarajan to clear Bills pending since September 2022.

Raising a moot point: Have Governors become a law unto themselves? Are Legislatures in Opposition-ruled States West Bengal, Punjab, Kerala and Tamil Nadu at their mercy? Are Governors dabbling in Vice-Chancellors appointments to State-run universities? Are they   absent from official functions  and convening of Assembly session et al? Are Parties ideologies becoming touchstones for Constitutional matters? Will this not weaken country’s federal structure?

Earlier too, Court in a Chief Minister vs Governor case said, levels of discourse should not degenerate into a “race to the bottom.” Rajasthan and West Bengal have passed laws against gubernatorial interference in education. In Rajasthan, Governor faces allegations of appointing Vice-Chancellors with RSS-BJP ideology in 7 of 8 universities, 6 of whom are from outside Rajasthan. Tamil Nadu Chief Minister Stalin asked Assembly Speaker to take on record only speech prepared by State Government and delete portions added by Governor.

Instances of Rajyapals ‘misinterpreting’ rule book, drawing his own conclusions based on delusions so that he and his benefactors at Centre could rule the roost and clashes with Chief Ministers are aplenty. In Maharashtra between erstwhile Governor Koshyari- Thackeray, West Bengal Dhankar-Mamata, Kerala Khan-Pinarayi, Telengana Soundarajan-Chandrashekar Rao, Tamil Nadu Ravi-Stalin, Delhi Sakena-Kejriwal is par on course. 

Be it Congress-BJP,UPA-NDA all are tarred by same brush whereby each Party which rules the roost at Centre has used, abused and debased this office by reducing Governors to position of 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 Constitution’s letter and spirit. 

Look at the absurdity. A Rajyapal  relinquishes office and returns to active politics, thereby turning conventions of Governor always Governor on its Constitutional head. Example: Congress’s Shinde relinquished as Maharashtra Chief Minister November 2004 and was anointed Andhra Governor same day. Two years later, he re-entered politics as Union Power Minister in Congress-led UPA I before shifting as Home Minister 2012. Ditto Mizoram BJP Governor Rajasekharan resigned 2019 to contest Lok Sabha elections from Kerala where Party wanted to make a dent.

Sadly, in a milieu of you-scratch-my-back-and-I-yours, a gubernatorial post is no longer decided on whether 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,  Governor has become a convenient tool of Centre in Opposition-ruled States where he runs administration by proxy. 

Besides, Governor is often used as a lever, facilitator and at worst, surrogate of Centre’s nefarious designs to install its own Government, at any cost thus bringing the post into severe disrepute. Accentuating 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 Centre. By playing the I-spy game --- petty politricking, gross interference, open partisanship, sending for files, summoning Ministers and bureaucrats. To hear, entice, provoke and register voices of dissent against the State Government to their political patrons in Delhi. Bluntly, make life hell for Chief Minister at every step.     

Supreme Court 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. High time Governors do the job they are appointed for, being a watch dog and acting in an impartial manner. Else they need to be dispensed with if they abdicate their Constitutional obligations and mortgage their souls to the powers-that-be. 

Undoubtedly, this rajnitik ring-a-ring-a-roses has to stop. The BJP needs to realize the sins of   predecessor Governments can neither absolve nor justify its questionable moves. 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 her Council of Ministers but could lay down guidelines wherein she 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. 

Remember, power corrupts but also intoxicates and absolute power stimulates grandiose apparition of immortality. Forgetting that power is evanescent whereby wheels of fortune will turn and they may be caught beneath its inexorable roll. 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)