Political Diary

New Delhi, 21 May 2011

Governor’s Scam

WHAT CONSTITUTIONAL NORMS?

By Poonam I Kaushish

Fame and Shame. Two emotions played out on the political theatre last week.  In the first, stormy Trinamool petrel Mamata Banerjee made history by becoming the first woman Chief Minister of West Bengal, ringing the curtain down on 34 years of CPM-led Left Front rule. In the second, Tamil Nadu’s First Family earned ignominy when Karunanidhi’s daughter Kanimozhi was jailed in the 2G Spectrum scam. The Hall of Shame had another contender, Karnataka Governor Bharadwaj who once again tried to rewrite Constitutional norms and turn democracy on its head!

How else should one react to his ill-advised move to send a ‘special report’ asking the Centre to impose President Rule in the State following the Supreme Court verdict reversing the Karnataka High Court decision of disqualifying 11 rebel BJP MLAs and five Independents by the Assembly Speaker ahead of the 10 October  2010 floor test in the Assembly. Overlooking, that 10 of the 11 BJP rebels who won back their membership again expressed support to Yeddyurappa last week.

Predictably, all hell broke loose. A livid BJP accused the Centre of using the Governor as its stooge, paraded 122 MLAs before President Patil and asked for the Bharadwaj’s recall. Needless to say, a much-embarrassed Centre gave short shrift to the Governor’s recommendation and tried to distance itself. Even as Bharadwaj’s decided to smoke the peace pipe with Yeddyruppa, yet again. But the damage had been done.

Undoubtedly, since he took over as Governor in June 2009 Bharadwaj has been at loggerheads with the State Government and spoiling for a fight. Making obvious that he had been sent by his Congress bosses at the Centre with an explicit motive: Topple the State Government by hook or crook.

To be fair to the former Union Law Minister he is no legal novice who would act whimsically. To his credit Bharadwaj prepared the grounds diligently over the last two years. Writing several letters to the Chief Minister underscoring the malpractices and endemic corruption, accentuated when the crisis-ridden Yeddyurappa regime bought over the loyalty of the rebellious 16 MLAs in ‘Operation Lotus’ last October.

Arguably, at one level, the Supreme Court verdict has vindicated Bharadwaj’s contention that Chief Minister Yeddyruppa "used" the office of the Speaker and got 16 MLAs disqualified to win the confidence vote in October last year. The Congress too has a point when it claims that the State Government has lost the moral right to rule.

However, Bharadwaj should know that impropriety, rampant sleaze or horse trading is different from statutory action. Whereby, President's Rule can only be invoked when the Government has lost support or is in minority. Today, the BJP in Karnataka is not in a minority. Thus, to recommend President’s Rule would not only seriously affect the federal structure. But also violates the Supreme Court verdict in the Bommai case which underlines that the Government strength shall be decided only on the floor of the House.

Undoubtedly, the Governor has adopted very flimsy grounds. The only correct thing for Bharadwaj to do, if he has an issue with numbers, is to convene the Assembly session and ask the Government to take a floor test. The impropriety the Karnataka Assembly Speaker committed by hastily dismissing the rebel MLAs cannot be rectified by another impropriety by the Governor.

This is not all. Bharadwaj exceeded his Constitutional role given that the Governor has no discretion or choice over which Party or Chief Minister should rule a State. Specially, if the Government has a clear majority. Good governance is not the Governor’s job. He cannot cite mal-administration and can use the President Rule option only as a last resort. In Karnataka’s case where is the break down?

Moreover, as far as corruption charges go, the matter is before the court and it is for the judiciary to decide. The Governor cannot act suo motu.

There is no gainsaying that Governor Bhardwaj has hit the nail in his own coffin. In a bid to act tough, he ended up acting in haste. If at all he wanted to do something, he ought to have acted immediately after the Supreme Court verdict when the Government was in minority. But, he waited two days before sending his report and after the rebels patched up with the BJP.

Why blame Bhardwaj? 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. 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.

Tragically, successive Governments had used, abused and debased this high office by making a Governor a trumpet and even a “chaprasi” of the Centre, something the Constitutional framers had neither envisaged nor imagined. Today, the essential criteria for the selection of a Governor is no longer whether he is a man of stature known for his integrity and objectivity but whether he is a ‘yes’ man. Bringing things to such a pass that over 60 per cent of the present lot of Governors are active politicians and the rest ‘pliable’ bureaucrats, police officers and Army Generals.

Expectedly, this new nadir has once again raised questions about the Governor’s role and his Constitutional obligations and duties. Top experts affirm that the Governor’s basic role is not just to represent the Centre but, as the Head of the State, serve his people and fight their battles with the Centre, not vice versa. His role is overwhelmingly that of a “friend, philosopher and guide” to his Council of Ministers with unrivalled discretion. He has to bear in mid the overall national interest, not partisan Party benefits.

What next? Sadly, all lament the decline of the crucial institution of Governor but continue to misuse and abuse the office for personal and Party ends. Not only does it generate bad blood between Lilliputian politicians but in its wake denigrates the Constitution and undermines India’s unity and integrity.

Clearly, the office of the Governor desperately needs to be revamped and restored to its old glory. The time has come to set healthy and gracious conventions for high Constitutional offices if our democracy is to be put back on the rails. . Remember, what matters are not men but institutions. One can tit for an individual but not tat on the State. Let us not convert the Governor from being a who’s who to who? who? A glorified chaprasi. ---- INFA

(Copyright, India News and Feature Alliance)