Political Diary
New Delhi, 4 January 2022
Governor Tattle
NEED TO REINVENT
By Poonam I Kaushish
Public
office has a lot to do with perception. Wherein, one’s actions do the talking. Alas
last week in a Constitutional onslaught Meghalaya Governor Satyapal Malik did the unthinkable: He criticized
Prime Minister Modi by asserting “Wo bade
ghamand me theh” whom he fought with over the contentious farm laws (now
repealed) topped by Home Minister Shah telling him “The PM has lost his mind.” Only to retract it by
saying Shah told me “my concerns will be understood.”
Call
him a Governor with a difference, who calls a spade a spade, grabs eyeballs or whose
second name is controversy, but at a time when Governors of many States are
accused of being partisan to the Sarkar,
its kathputli, Malik, has the Centre in a bind for his uncanny ability to
court controversies, left BJP leaders perplexed,
embarrassed the Party and provides fodder to Opposition .
True,
Malik has generated rows in all stints as Governor of four States in as many
years. From claiming he was offered Rs 300 crore bribe to
clear “Ambani” and an “RSS-linked man” files… J&K Governors didn’t work, only
played golf and drank alcohol in Srinagar, down alleging corruption in Goa BJP
Government to tom-tomming many murders in a single
day in Patna day.
Earlier
too BJP’s Meghalaya Governor Tathagata Roy used
to create storms with statements against his Party in West Bengal. In the wake
of the BJP’s defeat he said “garbage had come and now garbage was going out
(referring to defectors from the TMC).
However
the issue is not Malik or Roy but it has put the Governor’s role under the
scanner. Questionably, are Governors the Centre’s doormats? Or are they keepers
of people’s faith as Constitutional heads of States? Are ideologies 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.
To
be fair to the BJP-led Government, it is only carrying forward a long
established tradition of Congress, United Front and UPA whereby the Governor
largely functions as a lackey of the Centre, ever ready to destabilize the ship
of the State or whereby a Rajyapal relinquishes his office and again returns to
active politics, thereby turning the conventions of a Governor always a
Governor on its Constitutional head.
Recall,
Congress’s Shinde who relinquished as Maharashtra Chief Minister in November
2004 was anointed Andhra Governor the same day. Two years later he re-entered
active politics as Union Power Minister in Congress-led UPA I before shifting
as Home Minister 2012. Ditto Mizoram BJP Governor Rajasekharan resigned in 2019
to contest Lok Sabha elections from home State Kerala where the BJP wanted to
make a dent.
The
latest in this rajnitik
ring-a-ring-a-roses, the President appointed Koshyari, Bandaru Dattatreya, Tamilisai
Soundararajan and Arif Mohammed Khan as Governors to Maharashtra, Himachal,
Telangana and Kerala. There claim to fame? While three are staunch BJP leaders,
Khan an ex-Congress Minister who resigned from Rajiv Gandhi’s Government for
overturning the Supreme Court verdict on Shah Bano fits the Saffron criteria of
a “good Muslim”.
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…”
All
seem to forget 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, 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”. As he is a “Constitutional
sentinel and vital link between 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 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.
Bluntly,
the Governor’s office 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.
Clearly,
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 his Council of Ministers
but could lay down guidelines wherein he 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.
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)
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