Governors should be impartial and appear to be so

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Governors should be impartial and appear to be so

Tuesday, 17 January 2023 | Kalyani Shankar

It is time political parties reached a consensus on the appointment and role of governors, and restored the dignity of the post

Decades ago, the first DMK chief minister, CN Annadurai, called the post of a governor redundant. It was after prime minister Jawaharlal Nehru dismissed the EMS Namboodiripad government on the recommendations of the then Kerala Governor on July 31, 1959.

Once again, the role of governor has come into question with the emergence of multiple regional parties. The issues between some chief ministers and governors include: selection of governor; time for proving a legislative majority; taking a long time to give consent to Bills; adverse comments on the state's policies; and the role of chancellors of state universities.

The lousy chemistry between chief ministers and governors is not new, as it has been around for a while. Political parties, mainly the DMK and the CPI-M, have even called for the abolition of the post. Some argue that they are superfluous in a democracy.

During the last few years, the governors of Andhra Pradesh, Karnataka, Tamil Nadu, Madhya Pradesh, Kerala, Maharashtra and West Bengal, and the lieutenant-governors of Delhi and Puducherry, among others, have not got along with the non-BJP chief ministers. That is why the Chief Ministers like Mamata Banerjee, K Chandrashekar Rao, MLStalin and P Vijayan shout in a chorus for the abolition of the post. They have argued that the governors function as an agent of the Centre and have no accountability except for those who appointed them. Above all, they are unelected.

Abolishing the post of governor might be a distant dream, but the issue could be addressed. The Centre-state relationship and the role of governor must be further refined. The governor is the link between the Centre and states. He acts as a medium in a country which promotes cooperative federalism. He is a nominal head and has a five-year tenure but remains at the 'pleasure' of the President. The governor summons and prorogues the legislature on the advice of the council of ministers. The real power rests with the elected chief minister.

His other duties include giving and withholding assent to a bill. He determines the time for parties to prove their majority. The Constitution and not political considerations must guide him.

The architect of the Indian Constitution, BR Ambedkar, had assured the Constituent Assembly that the governor would have no powers of his own. However, he would have duties.

It is not as if all governors were terrible, as the contribution of some governors has been good. Earlier, people of eminence occupied Raj Bhavans. Some did stellar work, were non-controversial, and had a good rapport with the chief ministers.

The truant governors include the late Ram Lal, who dismissed the NT Rama Rao government in Andhra Pradesh in 1984. Indira Gandhi had to sack Ramlal and reinstate Rao, who had a majority.

The Goa governor, Late Bhanu Pratap Singh, sacked two chief ministers and reinstated one, all within a fortnight. As a result, the Centre sacked him.

The Kerala Assembly passed a resolution against Governor Arif Mohammed Khan, asking the President to recall him.

The latest row between the DMK-led government and Tamil Nadu Governor RN Ravi took an ugly turn on January 9 in the Assembly's inaugural session. In an unprecedented manner, Ravi omitted the references to BR Ambedkar, Dravidian leaders, and the Dravidian governance model in his speech. He also suggested changing the name of Tamil Nadu to Tamizhagam.

The Governor walked out of the House in a huff. Chief Minister Stalin moved a quick resolution against the Governor, putting the records straight that only the written speech should go into the records.

Prime minister Indira Gandhi imposed governors on various states. A healthy system of consulting the chief minister on the appointment of governors changed. She merely informed them. At least 50 times during her two stints, she sacked chief ministers.

The successive governments carried this forward until the Bommai judgment stipulated that the floor test should be the final for deciding on the majority of a government.

It is high time political parties reached a consensus on the appointment and role of governors, and brought back the dignity and respectability of the post. The Centre, while appointing governors, must consult the chief minister as recommended by the Sarkaria Commission. They should be persons of eminence and not play partisan politics. They should not only be fair but also appear to be impartial. This may check the truant governors.

(The author is a senior journalist)

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