Political Diary
New
Delhi, 10 September 2019
Governor Who?
NEED TO REINVENT
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 to key positions, some
Ministers, few to Commissions and others 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 B.S Koshyari, Bandaru Dattatreya,
Kalraj Mishra, Tamilisai Soundararajan and Arif Mohammed Khan as Governors to
Maharashtra, Himachal, Rajasthan, Telangana and Kerala. There claim to fame?
While four are senior staunch BJP leaders, Khan is an ex-Congress Minister who
resigned from Rajiv Gandhi’s Government for overturning the Supreme Court
verdict on Shah Bano and supports the BJP’s criminalisation of triple talaq.
The first four are being recognized for their faithfulness, the fifth
underscores the Saffron Sangh’s criteria of a “good Muslim”.
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? Are ideologies to be the touchstones
for Constitutional matters? Would this not weaken the country’s federal
structure? Are
there any rules to emphasize some semblance, coherence and uniformity in
gubernatorial actions? A charter of directions and guidelines?
Sadly,
in a milieu of you scratch my back and I yours, a gubernatorial post is no longer decided on whether
a 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,
the Governor has become a convenient tool of the Centre specially in
Opposition-ruled States where 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. To hear, entice, provoke and register the voice of dissent
against the State Government to their political patrons in Delhi. Bluntly, make
life hell for the Chief Minister at every step.
Call
it déjà vu but Modi NDA’s is no
different from National Front VP Singh’s 1989, Vajpayee’s 1999 nor UPA’s 2004
who got Governors appointed by their predecessors to resign. Since 2014 all UPA
appointed Governors were made to resign. Notwithstanding, a 2010 Supreme Court
ruling which decreed a change of Government at the Centre was not a ground to
remove Governors, even if they were out of sync with policies and political
ideologies of the Party in power.
All
seem to have forgotten that a Governor’s true function is not just to represent
the Centre as Head of State, but serve his people and fight their battle with
the Centre, not vice versa. He has to bear in mind the overall national
interest, not partisan party interests and be in tune with his own people, not
with the party in power at the Centre.
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 discretionary powers. A lot more than those of the
President.
Pertinently, the Sarkaria Commission
had not
only endorsed the Supreme Court but also made
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 the
Governor is a “Constitutional sentinel and vital link between the Union and
State, not a subordinate or subservient agent of the Union Government”.
Tragically,
the prism of time has distorted the
Governor role whereby
successive Central Governments have used, abused and debased this office by
reducing Governors to the position of the Centre’s trumpet nee 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 a Governor and active
politics. Predictably, 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. During Constituent Assembly debates leaders hoped
that eminent individuals, preferably not those directly involved with politics
should be appointed to this ‘exalted’ position.
Clearly,
even as the institution continues to be sacrosanct and important, the quality
of the incumbents has time and again lowered the institutional prestige. Worse,
the gubernatorial office has been unabashedly politicized over the past three
decades.
Alas,
gone are the days when eminent people with integrity, merit and stature were
appointed Governors. Indira Gandhi changed the rules of the game. Politicians
close to her were rewarded with plum postings. She successfully used
gubernatorial appointments as bait to get bureaucrats to do at her bidding. For
the first time, even a former Chief Election Commissioner and retired
intelligence and police officers came to occupy Raj Bhawans.
In
fact, many of the appointments were so brazen that the Supreme Court was
constrained to order in 1979: “The Governor’s office is not subordinate or
subservient to the Government of India.
He is not amenable to the directions of the Government of India nor is
he accountable to them for the manner in which he carries out his duties. This
is an independent Constitutional office which is not subject to the control of
the Government of India…”
Trust
India’s self-serving polity to trash this to the dustbin of history. Be it the
Congress, Janata Dal, United Front, NDA, UPA and NDA2 whereby the Governor
largely functions as a lackey of the Centre, ever ready to destabilize the ship
of the State.
All
political parties lament the decline of the crucial institution of the Governor
when out of office. However, they
merrily exploit the office when in power,
be it NF, UF, NDA, UPA etc. A classic case
of the pot calling the kettle black! Big deal if it generates bad blood between
Lilliputian politicians, denigrates the Constitution and undermines India’s
unity and integrity.
The
harsh truth is that the office of the Governor is in shambles and is no longer
playing its key role as envisaged by the founding fathers. It has to be
revamped and restored to its old glory as he/she has a distinct role in
ensuring the country’s unity and the well-being of the people of his State.
Public
office has a lot to do with perception. Thus, it is time to rise above politics,
make certain amendments to streamline the position of Governor, improve the
quality of incumbents, provide dignity to this august office and appoint
neutral non-political Governors and
men of eminence who could distance themselves from the eternal battle of Party
politics.
As
long as the Centre continues to play petty, partisan politics, India and its
unity will be greatly hurt. The Prime
Minister who postulates the Constitution must also
be
perceived as practicing what he solemnly preaches. The Governor must not
be reduced to the level of a glorified doormat or a who’s who to who? who? ----- INFA
(Copyright,
India News & Feature Alliance)
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