Manuraj
Shunmugasundaram | TNN | May 18, 2018
On June
1, 1949 the Constituent Assembly witnessed some of the most polarising debates
on the role and powers of the governor. Dr Babasaheb Ambedkar’s assurances did
not convince its members. The most persuasive argument for a governor is that
such a person would be above political partisanship. But, recent developments
raise serious doubts about the role of governors in accord with sentiments expressed by
the Constituent Assembly.
Article
163 of the Constitution says the governor will be advised by the council of
ministers except for functions which require his discretion. The discretionary powers include that of inviting
government formation after elections.
Recently, a piquant situation arose in Karnataka, where no single party could command a simple majority. This led to the BJP and post-poll allies Congress and Janata Dal (S) both staking claim to form the government. With a fractured mandate, Karnataka governor Vajubhai Vala invited BJP’s B S Yeddyurappa to form the government and win the trust vote within 15 days.
The Constitution Bench of the Supreme Court, in the Rameshwar Prasad vs Union case, said there is nothing wrong in "post-poll adjustments" and it can be carried out "when ideological similarity weighs with any political party to support another political party though there was no pre-poll alliance". The judgment has been pressed into service before the Supreme Court to challenge Vala's decision.
Of late, many governors have been criticised for expanding their discretionary powers suo motu. Tamil Nadu governor Banwarilal Purohit has been criticised for running a parallel administration of universities within TN and appointing vice-chancellors without consulting the state government. Purohit was already under fire for conducting "review meetings" of government schemes.
Kerala governor P Sathasivam, a former Chief Justice of India, recently faced an embarrassing situation where an ordinance promulgated by him was stayed by the Supreme Court. While doing so, the apex court found that the ordinance "blatantly seeks to nullify the binding effect of the order passed by this court".
Recently, a piquant situation arose in Karnataka, where no single party could command a simple majority. This led to the BJP and post-poll allies Congress and Janata Dal (S) both staking claim to form the government. With a fractured mandate, Karnataka governor Vajubhai Vala invited BJP’s B S Yeddyurappa to form the government and win the trust vote within 15 days.
The Constitution Bench of the Supreme Court, in the Rameshwar Prasad vs Union case, said there is nothing wrong in "post-poll adjustments" and it can be carried out "when ideological similarity weighs with any political party to support another political party though there was no pre-poll alliance". The judgment has been pressed into service before the Supreme Court to challenge Vala's decision.
Of late, many governors have been criticised for expanding their discretionary powers suo motu. Tamil Nadu governor Banwarilal Purohit has been criticised for running a parallel administration of universities within TN and appointing vice-chancellors without consulting the state government. Purohit was already under fire for conducting "review meetings" of government schemes.
Kerala governor P Sathasivam, a former Chief Justice of India, recently faced an embarrassing situation where an ordinance promulgated by him was stayed by the Supreme Court. While doing so, the apex court found that the ordinance "blatantly seeks to nullify the binding effect of the order passed by this court".
Puducherry’s lieutenant governor Kiran Bedi recently passed a directive linking the distribution of free rice with the sanitation of rural communities in the Union territory. After coming under fire from politicians, activists and academics alike, Bedi retracted this directive in less than 24 hours, but, she continues to step on the toes of the Congress government.
The most important function of the governor is to ensure the formation of a
stable government in accordance with constitutional principles. Vala’s decision
to invite BJP to form government in Karnataka goes against established
constitutional principles and precedents set in the recent cases of Goa,
Manipur and Meghalaya. Similarly, in Bihar, a very belated post-poll alliance
under Nitish Kumar was given the government reins at the expense of the largest
party (Rashtriya Janata Dal) in the state. Looking at the various states, it
would seem that discretionary powers of the governors are prone to
indiscretion.
Now,
there is a pressing need to reassess Centre-state relations in general and the
functions of the governor in specific. Time is ripe for another inquiry
committee along the lines of the one headed by P V Rajamannar to study the
constitutional role and scope of governors in the country.
(The
writer is an advocate and a spokesperson of the DMK)
