Editorial: Constitutional misuse

A wider national debate is must on the relevance of Governor’s office at a time when it is largely used as a political tool to hurt States’ interests

The NDA government, which loses no opportunity to brag about dismantling the symbols of colonial rule, must answer the question as to why the system of Governors, also a relic of the colonial past, should be continued. In recent years, instances of the Centre misusing the gubernatorial positions to cause pinpricks to the non-BJP States have increased multi-fold. It is time the country took up a wider national debate on the relevance of the Governor’s office at a time when it is largely used as a political tool to hurt the interests of the States. The tussle between the State governments and the Governors, be it in Telangana, Tamil Nadu, Kerala, West Bengal or Punjab, has been intensifying over a plethora of issues, including the unnecessary intervention of the Governors in the day-to-day administration and deliberate delays on their part to give assent to the Bills. Last week, the Supreme Court rapped the Punjab Governor and the State Government and asked them to respect the constitutional obligations and responsibilities. It rightly pointed out that constitutional functionaries must be cognizant of public trust, and ensure that the affairs of governance are conducted with maturity to accomplish the objectives of the Preamble. In Telangana too, the State government is bearing the brunt of the constitutional impasse created by Governor Tamilisai Soundararajan refused to act on several Bills passed by the legislature. As a result, the government was forced to move the Supreme Court recently, seeking directions to her to give her nod to 10 key Bills.

In fact, the Raj Bhavan has no discretion to defer or delay assent because such an action amounts to undermining parliamentary democracy. A similar controversy arose in Tamil Nadu, where the ruling DMK urged the President to dismiss Governor RN Ravi because of his refusal to give assent to a clutch of key Bills. The Constitution provides an elbow room for the Raj Bhavan to return a Bill passed by the Assembly, but if the legislature clears it again, the Governor is bound to accept it. However, there is silence on the quantum of time that may be taken in this process. Article 163 of the Constitution acts as a source of the discretionary power of a Governor. As the union government nominates Governors, the combined effect with Article 163 provides scope for the Centre meddling in the States’ affairs. However, it must be pointed out that any attempt to encroach upon the legislature’s powers amounts to an abuse of the Governor’s authority as a nominal head under the Constitution. The wrongdoings of the Centre through the Governor’s office damage India’s essential federal structure. Rubber-stamp Governors guilty of arbitrarily dismissing State governments during the Congress regimes in the past can be no justification for the current misuse of gubernatorial positions.

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