Editorial: ‘Governor Raj’ must end

The SC has rightly asserted that the Governor ‘cannot lend his office to effectuate a particular result’

Hyderabad: The Supreme Court’s critical remarks on the conduct of then Maharashtra Governor Bhagat Singh Koshyari in the developments that led to the collapse of the Maha Vikas Aghadi (MVA) government last year reflect a larger problem concerning the misuse of the gubernatorial positions in the country. The institution of the Raj Bhavan and the style of functioning of those holding the constitutional position are coming under increasing scrutiny. The schism between the State governments and the Governors has been deepening and questions are being raised over how the NDA government has been using Governors as political tools to harass the non-BJP governments. In Maharashtra’s case, the apex court has rightly asserted that the Governor ‘cannot lend his office to effectuate a particular result’. A five-judge constitution bench has questioned whether a mere difference of opinion among MLAs within a party can be sufficient ground for the Governor to call for a floor test. Sounding a cautionary note, the court said it’s a very dangerous trend for democracy when Governors become partisans and end up toppling an elected government. The Thackeray faction of the Shiv Sena has demanded that the court set aside the Governor’s June 2022 order regarding the floor test. It is widely felt that the gubernatorial overreach in Maharashtra had precipitated the crisis and vitiated the process of government formation. The two successive terms of the NDA government have witnessed the unwelcome return of ‘Governor Raj’. This does not bode well for our democratic polity and Centre-State relations.

It is imperative for Governors to be apolitical and always remember their primary responsibility — to preserve, protect and defend the Constitution and the law. The misuse of the office of the Governor has a long history in India. If it was Congress which went about toppling the opposition-ruled States in the past using the Raj Bhavan as a political tool, it is the NDA which is the culprit now. The allegations against the Governors for being partisan and discriminatory have increased in the last few years. Be it in Telangana, Tamil Nadu, Kerala, Bengal, Rajasthan, Chhattisgarh or Punjab, the tussle has been intensifying over a plethora of issues, including unnecessary intervention of the governors in the day-to-day administration and deliberate delays to give assent to the Bills. Other friction points are governors’ refusal to convene Assembly sessions and Vice-Chancellor appointments. Earlier this month, while hearing a Punjab CM vs Governor case, the SC observed that levels of discourse should not degenerate into a “race to the bottom”. In Telangana, the government is bearing the brunt of the constitutional impasse created by Governor Tamilisai Soundararajan who has so far refused to clear several Bills passed by the legislature. It is time the country took up a national debate on the relevance of the office of Governor.