Raj Bhavan, a palace of intrigues – II
He asked for it
It is one thing to command respect, but an entirely different thing to demand. The Constitution when conceiving the post of governorship intended it to be one which commands respect. The phrase ‘Head of State‘ is only a title and does not bestow any executive powers, which are vested in the Ministry headed by the Chief Minister. It follows that the Governor’s role is one of a good advisor, who is supposed to help the Chief Minister in the day-to-day running of the State administration by ‘not interfering’ in it.
Governors have to be very cautious in dealing with their State governments. He or she may be a person of great accomplishments, yet their personality, whether assumed or real, should not lead them to grow above the ceiling fixed by the Constitution. Great stalwarts like Rajaji and Mrs Sarojini Naidu have held the post of Governors, when Pandit Jawaharlal Nehru was Prime Minister. They could have easily thrown their weight around, considering their political stature and intellectual superiority and no one would have lifted a finger against them. Yet they opted to conduct themselves with dignity, knowing fully well what was expected of them. In short, they commanded respect!
Contrast this to what is presently happening in Tamilnadu. The Governor of the State, Dr. Channa Raddy, by no means falling under the elite category referred to above, has taken upon himself the task of sitting on judgment over the legitimate acts of a democratically elected Chief Minister. One can spell out any number of instances where the action (or, rather, the inaction) of the Governor has held up the day-to-day functioning of the State administration. Here are a few cases in point:
* The Bill to amend the Universities Act with the effect of making the Chief Minister the Chancellor is pending with him for over a year.
* The Collector of Kanyakumari District had to go abroad for training. The State government appointed another Collector and the file was sent to the Governor for his assent. But nothing was heard of it thereafter! The order appointing the Collector had to be passed without his assent, as otherwise the district administration would have come to a standstill.
* When the government wanted to extend the term of the Chief Secretary, the proposal was sent to the Governor. The latter took his own time to accord ‘approval’ and that too, sources say, only after a reprimand from the Prime Minister himself.
* To convene and prorogue the Assembly and to choose the time for it is the exclusive prerogative of the Chief Minister. The Governor is bound to act on her advice; he cannot do so on his own. Yet Dr. Channa Reddy sought to delay the file sent to him for convening the Assembly, almost resulting in a constitutional impasse.
These are but a few, with the list growing by the day. But the last straw was when the Chief Minister sent a file to Raj Bhavan relating to changes in portfolios of some of her Ministers.
The constitution of a Cabinet without doubt is the prerogative of the Chief Minister. The Governor can utmost ask for certain clarifications. But under no stretch of imagination can he be deemed to have the right to withhold or refuse assent. It is only a formality which a Governor has to complete. And Dr. Channa Reddy, as has become a habit with him by now, sat on this file too.
Chief Minister Ms Jayalalitha had so far acted with patience and dignity. Despite provocations, she had always kept her cool and refused to be drawn into any open confrontation with the Governor, thereby demonstrating her respect for the post. But the Governor’s refusal to ratify the portfolio changes was something that she could not let pass.
First time it might have been accident; second time may be a coincidence. But there after it was definitely an enemy action which had to be dealt with firmly. And Ms Jayalalitha proceeded to do so. Taking recourse to the provisions of rule 35(4) which specifically authorises the Chief Minister to skip Governor’s assent in case of urgency, she issued orders giving effect to the portfolio changes. In doing this she is fully protected by rule 62 which says that ‘‘if any doubt arises as to the interpretation of these rules, it shall be referred to the Chief Minister whose decision shall be final.’’
Well, there it is something to brood over for a Governor who needlessly sits on files, stands on prestige and runs riot with the State administrative machinery! Should we add that he asked for it.
(to be continued)