On the dispute between a nominated Governor and an elected Chief Minister, a bench of the Supreme Court (Justices J.B. Pardiwala and R. Mahadevan) warned Governor R.N. Ravi on last Tuesday instructing him to act according to the Constitution.
So, who is this Mr. Ravi? Born in Patna and inducted into the Indian Police Service in 1976, he served in the Kerala cadre for a decade. His image has always been of a ‘police station-type’ officer. He once forwarded the mercy petition of A.G. Perarivalan, convicted in the Rajiv Gandhi assassination case, to the President. Critics questioned this move, saying it struck at the very "roots" of the country's "federal structure."
It seems the role of Governor, once likened to a volleyball, has now shrunk to the size of an IPL cricket ball. In this Platinum Jubilee year of the Constitution, Governor Ravi’s actions have raised fundamental questions about Centre–State relations.
Hence, the question arises: where do the rights and limitations of a nominated Governor and an elected Chief Minister begin and end? A constitutional crisis deepens when, due to indirect reasons, a Governor appoints a minority-party leader as Chief Minister, dismisses a majority-backed Cabinet, or dissolves the assembly altogether. This is why there must be a fresh debate and review of the Governor’s role in the context of Centre–State relations.
The question is direct and sharp: why have governments been dismissed 65 times in the states so far? It requires serious reflection on Constitutional Articles 154, 163, and 356. This becomes all the more necessary since Dr. B.R. Ambedkar, the then Law Minister in the Constituent Assembly, had hoped that there would never be a need to use the powers of the Governor. The Constitution was designed to be flexible, so practical difficulties would be rare. He had said, "If anything goes wrong, the Constitution won’t be at fault—it will be the man (implementing it).” So, in this context, was the “man” (i.e., the Governor) the problem? What does experience tell us?
In Lucknow, Romesh Bhandari dismissed Kalyan Singh’s government, triggering a crisis that had to be handled by the Supreme Court. Atal Bihari Vajpayee had to sit on a hunger strike. The Assembly had two Chief Ministers at once.
The first misuse of central powers by a Governor in the Indian Republic happened during Jawaharlal Nehru’s tenure. The Communist Party had a clear majority in the Kerala Assembly. In fact, E.M.S. Namboodiripad’s government was the first ever elected Communist government in the world through free elections. But in 1958, a so-called mass movement—actually a joint communal campaign by the Hindu Nair caste and Christian clergy—was used as a pretext to dismiss Namboodiripad’s elected majority government. Indira Gandhi pressured Prime Minister Nehru to impose President’s Rule. The then-Governor of Kerala was Dr. B. Ramakrishna Rao (who later became Governor of UP as well). Nehru had transferred this Congress CM from Hyderabad to Raj Bhavan in Trivandrum under pressure from the Reddy faction.
Dr. B. Gopal Reddy, Governor of Uttar Pradesh, dismissed Chaudhary Charan Singh’s government in the 1960s. Romesh Bhandari committed an even more shocking act by dismissing BJP’s Kalyan Singh government and swearing in Congress’s (now BJP MP) Jagdambika Pal at midnight. Atal Bihari Vajpayee began a hunger strike in protest. The Supreme Court ordered a floor test, where the Assembly witnessed two Chief Ministers at once—a surreal sight!
Even more distressing was what I personally witnessed as a Times of India reporter in August 1984 in Andhra Pradesh. Thakur Ram Lal, transferred from Himachal to Hyderabad, dismissed Telugu Desam’s N.T. Rama Rao despite him holding a three-fourths majority. Indira Gandhi was the Prime Minister. Thankfully, Dr. Shankar Dayal Sharma arrived as Governor and restored the rule of law.
Worse still was the mass sacking of Governors themselves. In 1977, the Janata Party government (under Morarji Desai) removed Congress-appointed Governors. When Indira Gandhi returned to power in February 1980, she did the same. Among them was Tamil Nadu’s Sarvodaya Governor Prabhudas Balubhai Patwari. A Gandhian and Morarji Desai ally, he was bodily thrown out of Raj Bhavan. Patwari was accused in the Baroda Dynamite Case—George Fernandes was Accused No. 1 and I was No. 2 on that list.
Pandit Vishnukant Shastri probably suffered the most from such treatment. On July 2, 2004, Sonia Gandhi’s Congress government dismissed him overnight. That very night, I went to meet him at Raj Bhavan in Lucknow. The scholarly and devout Governor, now a victim of political intolerance, was seen off the next day at the station by then Chief Minister Mulayam Singh Yadav. I touched the feet of that dismissed Governor—a gesture I’ve otherwise reserved only for my most revered teachers.
How disgraceful is it that such behaviour happens in the highest power centres of India?
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