Governors Bane Ghulam
By Poonam I Kaushish
Fame and Shame. Two emotions played out on the political theatre last week. In the first, India made history when Chandrayan 3 landed successfully at the Moon’s south pole earning the hearts of all and accolades galore for our scientists. In the second, Punjab Governor Banwarilal Purohit earned ignominy when he wrote to Chief Minister Bhagwant Mann asking him to respond to his letters or face prospects of imposition of President Rule for “failure of the Constitutional mechanism and decide about initiating criminal proceedings under Section 124 (assaulting Governor with intent to compel or restrain the exercise of any lawful power).” Undoubtedly, yet another contender to the Hall of Shame trying to rewrite Constitutional norms and turn democracy on its head!
Next day a livid Mann lashed out at Purohit asking him not to test his patience accusing him of deliberately threatening him as his Government was working within the Constitutional framework thereby undermining peoples’ mandate. Adding, if President’s Rule was to be imposed, it should be done in Manipur and Haryana, both BJP-ruled States. Repeating an allegation leveled innumerable times by Opposition and Chief Ministers of Opposition-ruled States alleging gubernatorial meddling in State Government’s functioning acting at the behest of the BJP-ruled Centre.
Shot back Purohit “I am duty bound under the Constitution to see that Administration is carried on at a level, which would be regarded as good, efficient, impartial and honest…, You are deliberately refusing to give information asked by me and have “extreme animosity and personal prejudice against me.” Reminding Mann of Article 167 which makes it mandatory for the Chief Minister “to furnish all such information relating to Administration of affairs of the State as the Governor may call for.”
Why blame Purohit? He is correct in asking the Chief Minister for a report on the action taken report by the Government on availability, sale, addiction and abuse of drugs in the State as he had received reports from various agencies on rampant drug misuse in Punjab. Citing that 66 liquor vends in Ludhiana were sealed for selling drugs and their availability in chemist shops.
Yet the shrill pitch of this face-off is worrisome as invocation of Article 356, a singularly controversial provision was used by earlier Prime Ministers, Indira Gandhi in particularly, to dismiss unfriendly State Governments disrespecting the popular mandate in States thereby hurting democracy. Clearly the Article should be reserved as a last resort in cases of grave Constitutional breakdown. It has no place in everyday communication.
However, coming on the heels of repeated Governor-Chief Minister clashes over a gamut of issues on appointment vice-chancellors, convening of Assembly session, absence from official functions et al in Maharashtra between erstwhile Governor Koshyari-Udhav Thackeray, West Bengal Jagdeep Dhankar-Mamata Bannerjee, Kerala Arif Khan-Pinarayi, Telengana Soundarajan-Chandrashekar Rao, Tamil Nadu RN Ravi-Stalin, Delhi Sakena-Kejriwal it is par on course
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. The common denominator? Each Governor interpreting or should one say misinterpreting the rule book any which way he wanted, 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.
Less said the better on ex-Jharkhand Governor Bais sitting on Election Commission’s opinion on Chief Minister Soren’s disqualification over a mining contract for 6 months, prior to moving to Maharashtra.. Other friction points are Governor’s refusal to convene Assembly sessions, university Vice Chancellor’s appointments etc. 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.
Earlier too the Court in a Chief Minister vs Governor case said, levels of discourse should not degenerate into a “race to the bottom.” Both Rajasthan and West Bengal have passed laws against gubernatorial interference in education. In Rajasthan, the Governor has been facing allegations of appointing Vice-Chancellors with an RSS-BJP ideology in 7 of 8 universities, 6 of whom are from outside Rajasthan.
The Centre is also wary of States where regional Parties are ruling with wafer-thin majorities, leading to political instability. The Governor is often used as a lever, facilitator and at worst, a proxy of the Centre’s nefarious designs to install its own Government, at any cost thus bringing the post into severe disrepute.
There is no gainsaying that successive Central Governments have used, abused and debased this office by reducing Governors to the position of the 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 the Constitution’s letter and spirit.
Expectedly, this new nadir has once again raised questions about Governor’s role, his qualifications and Constitutional obligations and duties. Questionably, are they the Centre’s chaprasis? Or, are they the keepers of the people’s faith as the Constitutional head of their respective States. Clearly, Purohit-Mann tu-tu-mein-mein is a lesson on the dangers of appointing political hatchet men to high offices that call for fairness, uprightness and adherence to constitutional values and conventions.
Underscoring 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 the Centre.
Time now to improve the quality of incumbents and provide dignity to this august office. Given the growth of regional Parties, some of which lack a national perspective and remain embedded in parochialism and identity politics, makes the case for good democratic Governors all the more compelling
A good Governor can do a great deal of good and a great deal of mischief if he is a bad Governor, in spite of very little power given to him under the Constitution. One way to stem the spiral of ruinous clashes is to urgently review appointments and removal of Governors. Two, Governors must be accountable to not just the Centre but also the State and Rajya Sabha. House of Elders could also screen prospective candidates who should be interrogated, investigated and judged on suitability before confirmation.
What next? Where do we go from here? No longer can we merely shrug our shoulders and dismiss it as political kalyug. Nor can we allow small men to continue to cast big shadows. Undeniably, Constitutional offices should respect boundaries drawn by our founding document elected offices should be more respectful of other authorities. It would be wise if both sides take a step back as it will help protect democracy.
Mann 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. They need to re-think their priorities and desist from destructive mindlessness. And remember the adage: Nothing costs a nation more than cheap leaders. — INFA