Editorial: Gubernatorial overreach

Any attempt to cast doubt on the competence of the legislature will be fraught with great perils to democracy

The latest confrontation between the DMK-led Tamil Nadu government and Governor RN Ravi, who has returned ten pending Bills to the State government, reflects 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 have come under increasing scrutiny in recent times. The schism between the non-BJP-ruled State governments and the Governors has been deepening and questions are being raised over how the NDA government has been using the Governors as political tools to harass the governments ruled by political rivals. The Tamil Nadu Governor has sent back several Bills, passed by the State Assembly, to the government, deepening the confrontation. This was despite the Supreme Court recently voicing serious concern over the delay in giving assent to the Bills cleared by the legislature. One of the important Bills Ravi has returned is on the power of the State government to appoint university vice-chancellors. As a result of the stand-off, the government has convened a special session of the Assembly to pass the Bills again. The Governor is constitutionally bound to approve them. Any attempt to cast doubt on the competence of the legislature would be fraught with great perils to democracy. The current standoff highlights a significant constitutional dilemma about the role and powers of the Governor. While a Governor is expected to approve Bills passed by the Assembly, returning Bills en masse raises questions about the balance of power between the State and Central authorities.

The Governor’s actions in this case have been perceived as a potential overreach by Raj Bhavan. 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 Governor has a long history in India. If it was the 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, West Bengal, Rajasthan, Chhattisgarh or Punjab, the tussle has been intensifying over a plethora of issues, including the unnecessary intervention of the Governors in the day-to-day administration and deliberate delays to give assent to the Bills. Like her Tamil Nadu counterpart, Telangana Governor Tamilisai Soundararajan too has been adopting an uncooperative attitude and tried to create a constitutional impasse by refusing to act on several Bills passed by the State legislature. As the union government nominates the Governors, it provides the scope for the Centre meddling in the States’ affairs. It is time the country took up a national debate on the relevance of the office of Governor.

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