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regular-article-logo Monday, 23 December 2024

Govern well: Editorial on holders of constitutional offices behaving unconstitutionally

Governors have been in the news for the wrong reasons

The Editorial Board Published 17.03.23, 04:23 AM
Jagdeep Dhankhar

Jagdeep Dhankhar File picture

Partisanship on the part of the holders of constitutional offices is inimical to the democratic process. Yet, this very tenet of a functioning democracy has been brought under strain repeatedly. The vice-president has courted controversy on this count. A number of governors — the vice-president held such a post earlier — have not been able to keep their office above suspicion too. Several Opposition-ruled states are vocal in their complaints about gubernatorial conduct. In fact, India has witnessed an unprecedented development, that of a southern confederation of states — Telangana, Kerala and Tamil Nadu — expressing reservations about the ‘prejudicial’ conduct of their respective governors. This discourse is no longer limited to the realm of political competition. The Supreme Court’s concern — the political turmoil in Maharashtra served as the context — with the seeming wavering of the line meant to separate the gubernatorial office with the ebb and flow of politics would likely, and quite rightly, energise the debate. Referring to the wisdom of the decision by the former governor, B.S. Koshyari, to compel the then chief minister, Uddhav Thackeray, to take a floor test, a bench — it includes the Chief Justice of India — stated that it was disconcerted with governors being a part of the political process. Of course, Mr Koshyari will not find himself short of company. From allegations of sitting on bills passed by a state government to the active pursuit of an adversarial line against elected dispensations in states to other forms of constitutional impropriety, governors have been in the news for the wrong reasons.

This kind of conduct is undesirable in a democracy where the governor is meant to be a conscientious, if ornamental, figure. Given the criticism from the highest court and the Opposition, should it not be admitted by the Centre that there have been instances of briefs being exceeded by incumbents? Such an admission is unlikely to be on the offing. This is because the Narendra Modi government, just like its predecessors, remains the principal stakeholder in the appointment of governors. Mr Modi claims to be a reformer. Why can the prime minister then not think of making the appointment process of governors transparent and representative? The apex court has already set a precedent by changing the norms in of selection of the members of the Election Commission of India.

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