Political Diary

New Delhi, 16 October 2010

Karnataka’s Disgraceful Pantomime

GOVERNOR, SPEAKER BRING SHAME

By Poonam I Kaushish

New icons of emerging India gave us ample reason to smile as the curtain rang down on the Commonwealth Games. Torchbearers of a changing country when 36-odd non-descript sportsperson gave us hope that all was not lost in the myriad cases of brazen corruption, inefficiency and ineptitude that had become the hallmark of this international 10-day razzmatazz. Symbolizing the birth of a young new spirit: hum hoengai kamayub.   

But this euphoria turned into revulsion by the nauseating pantomime played out by our mai baaps on the political theatre at Bengaluru last week. A paisa pakro, gaddi rakho nautanki which once again has rewritten the basic time-honoured rules of governance and turned democracy on its head!

Who thought that IT State Karnataka would become politically infamous or, should one say, earn notoriety for its murky, grimy and unprincipled politics. Presenting India with an ugly clash of two high Constitutional offices -- the Governor and the Speaker. Each enjoying vast powers under the Constitution and independent of each other in their respective spheres. Both stridently saying boo to each other and using their respective powers to get the better of the other and profess total loyalty to their Chiefs. For Governor Bharadwaj Congress bosses in Delhi and for Speaker Bopaiah his BJP cohorts.

It all started when 11 BJP MLAs and 5 Independents reduced the Yeddyurrapa Government to a minority. Providing Governor Bharadwaj the perfect opportunity to target the 28-month faction-ridden first BJP Government in the State and strike its death knell. He first sent a letter to the Speaker directing him to seek a trust vote by maintaining status quo in the 224-member House and not disqualify the rebels.

When the BJP Government won the trust vote thanks to the Speaker disqualifying the dissident MLAs, Bharadwaj hastily sent his report to the Centre alleging Constitutional breakdown and imposition of President’s rule. Only to do a volte face 24 hours later by asking the Chief Minister to seek another trust vote.

The Speaker too is to blame. Scandalously, official records of the House proceedings clearly establish that the trust motion was moved and accepted amidst commotion. No question was put to the House by the Speaker let alone a division of votes and the House was adjourned sine die in 10 minutes flat! Making the trust vote a complete farce. Not only that. The Speaker went to the other extreme by disqualifying 11 BJP and 5 Independent MLAs without following the norms and procedures of giving a week’s notice to the legislators.

The question is not whether Yeddyurrapa stays or goes or who has his way -- the Governor or the Speaker. What is of primary concern and more worrisome are the reckless games being played with the Constitution, blatantly and brazenly. Whereby people in power hold the Constitution in contempt and have no qualms of conscience in rubbishing it in personal or party interest. Sadly, both the Governor and the Speaker have not upheld the best traditions of impartiality and unabashedly politicized their high offices. While the Governor has acted as a pawn of his political masters. The Speaker has been encouraged to play political favourites, ignoring the letter and spirit of the anti-Defection law.

Why blame Bharadwaj? Instances of Governors ‘misinterpreting’ the rule book, 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 are aplenty. Meghalaya 2008, Karnataka 2007, Goa, Bihar and Jharkhand 2005. 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.

Sadly, in a milieu of you scratch my back and I yours, the Governor, willy-nilly, has become a convenient tool of the Centre. Especially in Opposition-ruled States. 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. Bluntly, make life hell for the Chief Minister at every step and use it as a springboard to return to active politics.     

Shockingly, today over 60 per cent of the present lot of Governors are active politicians and the rest ‘pliable’ bureaucrats, police officers and Army Generals. Think. The present Union Foreign Minister SM Krishna was the erstwhile Governor of Maharashtra and prior to that Chief Minister of Karnataka. Former National Security Advisor MK Narayanan is West Bengal Governor. Bharadwaj too was Union Law Minister before being anointed Karnataka’s First Citizen.

Expectedly, this new nadir has once again raised questions about the Governor’s role, his qualifications and his Constitutional obligations and duties. Raising a moot point: Are they the Centre’s chaprasis? Or, are they the keepers of the people’s faith as the Constitutional head of their respective States. Importantly, are there any laid down clear rules to underscore some semblance, coherence and uniformity in gubernatorial actions? A charter of directions and guidelines.

Top experts affirm that the basic role of the Governor is not just to represent the Centre but, as the head of the State, to serve his people and fight their battles with the Centre, not vice versa. He has to bear in mind the overall national interest, not partisan party interests. 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 discretion.

As noted by Sarkaria Commission and endorsed by the Supreme Court, the Governor’s role is that of “a Constitutional sentinel and that of vital link between the Union and the State…Being the holder of an independent Constitutional office, the Governor is not a subordinate or subservient agent of the Union Government.”

To curtail the Governor from playing politics in the Chief Ministerial stakes the National Commission to Review the Working of the Constitution had wanted the Prime Minister and the Chief Minister to be directly elected by the Lok Sabha and the Assembly to obviate the need to test majorities in the Rashtrapati Bhawan or in a Raj Bhawan. The Commission was of the opinion that this would combat the growing menace of horse-trading (sic.).

Sadly, the developments in Karnataka show the depths to which our power-hungry leaders are willing to descend. We need to cry a halt to the growing depravity. The office of the Governor desperately needs to be revamped and restored to its old glory. What matters are not men, but institutions. Democracy means respecting the Constitution and upholding established conventions.

Governors need to remember that 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 at all be appointed or continued as Governors. The need of the hour is to set up healthy and gracious conventions for high Constitutional offices if our democracy is to be put back on the rails. Otherwise, we should be ready to say kiss goodbye to Constitutional democracy and the rule of law. ---- INFA

(Copyright, India News and Feature Alliance)