Not done, Guv

Tittle-Tattle

By Poonam I Kaushish

A storm in a tea cup or a major Constitutional face off between a Governor and Chief Minister? Depends on which side you’re on in a world ruled by public perception and social media which always acquires blown-out-of-proportion dimensions to earn brownie points. Governance, after all, is one big nautanki which has turned democracy on its head. Bend it, break it, who cares!

Ever since ex-IPS officer Ravi was appointed Tamil Nadu Governor nearly two years ago relations with Chief Minister Stalin Government’s have been far from smooth. The latest clash was yesterday when in an unprecedented clash the Governor walked out of the State Assembly session without delivering his customary address.

Why? “The national anthem was brazenly disrespected and not played after the State anthem.” Retaliated Stalin, “This is childish, he continuously insults people. Why is he sticking to his gubernatorial post when he does not have a heart to discharge his Constitutional duties?” Sic.

Yawn. This isn’t the first or last run-in between Ravi vs Stalin. Earlier too, the Governor abruptly walked out of the Assembly as the Chief Minister disapproved of his selective deviation from his address’s text and moved a resolution to take on record transcript distributed to members.

In fact, it has been a running tu-tu-mein-mein. Ministers continuously voice annoyance over Ravi’s interference in day-to-day governance matters by seeking details on functioning of various departments accusing him of running a parallel Government in the State. November last DMK submitted a Memorandum to President to remove the Governor for openly contradicting its policy in public and unduly delaying assent to 20 Bills.

Adding fuel to fire, Ravi slammed Stalin’s son for his controversial remarks on eradicating Santana Dharma which were in contravention of the Constitution and against 90% citizens. Latest was Ravi’s decision to ‘dismiss’ arrested Minister Senthilbalaji June last only to hurriedly backtrack few hours later.

Perhaps it has its genesis in the DMK historically questioning the Governor’s role and advocating federalism. Party founder Annadurai likened Governor’s role to a goat’s beard saying both were unnecessary.

Times out of number Supreme Court has held the political aaina with all its pock-marks and scars expressing acute displeasure at Governors holding back Bills, appointing Vice-Chancellors to State-run universities,  interference in education in Opposition-ruled States besides Tamil Nadu, Punjab, West Bengal, Kerala and Telangana virtually forcing State Governments to approach for judicial intervention.

Lamenting, “This is a serious issue … Why should Parties be made to approach Supreme Court for Governors to act. These are matters both need to sort out.” Adding, “Levels of discourse should not degenerate into a “race to the bottom.”

Raising a moot point: Have Governors become a law unto themselves? Are Legislatures in Opposition-ruled States at their mercy? Are Parties ideologies becoming touchstones for Constitutional matters? Will this not weaken country’s federal structure?

Instances of Rajyapals ‘misinterpreting’ rule book, drawing his own conclusions based on delusions so that he and his benefactors at Centre could rule the roost and clashes with Chief Ministers are aplenty. In Delhi Sakena-Kejriwal-Atishi, Maharashtra erstwhile Governor Koshyari-Thackeray, West Bengal Bose-Mamata, Telengana Soundarajan-Chandrashekar Rao,  Kerala Khan-Pinarayi, is par on course.

Be it Congress-BJP,UPA-NDA all are tarred by same brush whereby each Party which rules the roost at Centre has used, abused and debased this office by reducing Governors to position of 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 Constitution’s letter and spirit which advocated neutral Governors.

Look at the absurdity. A Rajyapal  relinquishes office and returns to active politics, thereby turning conventions of Governor always Governor on its Constitutional head. Example: Congress’s Shinde relinquished as Maharashtra Chief Minister November 2004 and was anointed Andhra Governor same day. Two years later, he re-entered politics as Union Power Minister in Congress-led UPA I before shifting as Home Minister 2012. Ditto Mizoram BJP Governor Rajasekharan resigned 2019 to contest Lok Sabha elections from Kerala where Party wanted to make a dent.

Sadly, in a milieu of you-scratch-my-back-and-I-yours, a gubernatorial post is no longer decided on whether 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, Governor has become a convenient tool of Centre in Opposition-ruled States where he runs administration by proxy.

Besides, Governor is often used as a lever, facilitator and at worst, surrogate of Centre’s nefarious designs to install its own Government, at any cost thus bringing the post into severe disrepute. Accentuating 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 the Party in Centre. By playing the I-spy game —- petty politricking, gross interference, open partisanship, sending for files, summoning Ministers and bureaucrats. To hear, entice, provoke and register voices of dissent against the State Government to their political patrons in Delhi. Bluntly, make life hell for Chief Minister at every step.

Our netagan must desist from employing their individual meanness in the name of public good. High time Governors do the job they are appointed for, being a watch dog and acting in an impartial manner. Else they need to be dispensed with if they abdicate their Constitutional obligations and mortgage their souls to the powers-that-be.

Undoubtedly, this rajnitik ring-a-ring-a-roses has to stop. The BJP needs to realize the sins of   predecessor Governments can neither absolve nor justify its questionable moves. 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 her Council of Ministers but could lay down guidelines wherein she 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.

Remember, power corrupts but also intoxicates and absolute power stimulates grandiose apparition of immortality. Forgetting that power is evanescent whereby wheels of fortune will turn and they may be caught beneath its inexorable roll. Our leaders need to rise above politics and appoint neutral non-political Governors not yes-men or neta-turned rajyapal-turned-neta.

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 compellingIt is now imperative leaders and Parties who postulate the Constitution also practice what they preach! —— INFA