What did the Governor confide with Amit Shah?

While Bombay High Court was delivering its judgement over the issue of nomination of 12 members to the Legislative Council from Governor’s quota, Bhagat Singh Koshyari was confabulating with Union Home Minister Amit Shah in Delhi. Certainly, it was not just a coincidence that his visit was happening at the time of the HC verdict. The HC judgement was expected to be harsh, if the mood during the court hearings is assessed and comments checked.

As a part of the government business rules, the Union Home Ministry handles all matters concerning appointments and dismissals of the Governors. Even the reports, forwarded by the Governors to the President of India and the union government are routed through the home ministry. Therefore, the HC verdict might have topped the agenda of the meeting between Governor Koshyari and Home Minister Amit Shah, who also plays a key role in the BJP’s overall policy and political strategy. The meeting between the two was an important one since the Bombay HC judgement is certain to be referred to in future whenever the role of the governor is questioned during the conflicts with the state governments.

On numerous occasions the decisions of the governor have been challenged in the court of law particularly when a party in minority or a coalition was invited to form the government. Past instances say, the governor’s role was questioned whenever the government allegedly came into minority with some of the legislators switching their loyalty to other parties. Such matters when challenged have also invited wrath by the courts with stringent strictures.  

Apart from this, there have been a very few examples to show when the Governor’s role on discharging his Constitutional responsibilities was challenged. Even the issue of nomination of members to the State Legislative Council has rarely been challenged before. In that sense, the remarks made by the HC on the same issue are expressive and need serious introspection.  Seemingly, the Bombay HC judgement may appear as moderate but the comments are indeed harsh.

The HC has clearly mentioned in its judgement that the Governor is answerable to the court in view of the Article 361 of the Constitution. And it has not directed Mr Koshyari to accept the recommendations made by the Shiv Sena-led Maha Vikas Aghadi (MVA) government, but it clearly says the recommendations made by the Council of Ministers has to be discharged within a reasonable time. At one point, the HC observes, it would not behove the dignity, prestige and majesty of the office of a Constitutional authority/functionary to take shelter of absence of a time limit to act in terms of a provision of the Constitution, so as to defend an inaction when it is challenged in a Constitutional court.

The Raj Bhavan would never expect such direct comments by the HC on the governor’s constitutional responsibilities. The then Uttar Pradesh governor Ram Naik had also taken a conflicting view over the recommendations by the Akhilesh Yadav government on similar issues and a few names were changed.

Same approach could have yielded a desired effect here. But the list sent by the state government has been kept overhanging by the governor leading to controversy. In fact, the ruling Mahavikas Aghadi had approved the list in a meeting of the state cabinet, assuming that it would be mandatory for the Governor to accord his approval. In fact, it never happened in the past and names were discussed in one-on-one meetings between the Governor and the Chief Minister. But the issue was not just between the Governor and the CM but it was the BJP against Shiv Sena.

The HC has also said, “should there be any misunderstanding or miscommunication between two Constitutional authorities/functionaries, right steps in the correct direction ought to be followed to obviate the same. If there be minor differences of opinion, the same ought to be resolved in such manner as deemed fit and appropriate including, inter alia, a discussion between the Governor and the CM in the guiding spirit of the Constitution”. This observation is very crucial.

 Considering the opposite view, there appears no reason for Mr. Koshyari to take personal interest in state politics. But the state BJP leaders who are playing the political game through him should be aware that the prestige and glory of the Raj Bhavan is lost. Such political one-upmanship is detrimental to the democratic norms.

Recently, the Governor paid a visit to the districts of Hingoli, Parbhani and Nanded from Marathwada region. This invited the wrath of the MVA government. During such visits, the district guardian minister accompanies him as a part of protocol. However, not just the guardian ministers but the local leaders from the ruling parties remained absent. It indicates that the tour was finalised without having any communication with the government.

In fact, it would have been justifiable for the Governor to visit the tribal and remote areas as Raj Bhavan can play a very constructive and meaningful role for the development of underdeveloped areas. The Governor takes periodic reviews of the development schemes of the Scheduled Castes and Scheduled Tribes.

The BJP leaders, who want to achieve some political results using the Raj Bhavan, may derive satisfaction but it would be temporary. It’s not that they are not realizing how much damage is being done to their own party.