24

Jun

  Constitutional Positions Lose Their Aura  in Modi Regime

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Dr Satish Misra

 

New Delhi, 24 June 2024

Prime Minister Narendra Modi’s scant regard and disrespect of  high constitutional positions like the Speaker, the Governor  the Vice-President and the CJI is a graceless chapter in the history of  Constitutional rule in our country --  the biggest democracy of the world.

 

A large section of opinion- makers and well-meaning political experts were giving the benefit of the doubt to the new BJP Government thinking that it would act more democratically this time drawing lessons from the popular mandate.

 

It was mistakenly hoped that the arrogant leadership of the ruling BJP which in clear terms means that of Prime Minister Narendra Modi and Union Home Minister Amit Shah would draw some lesson from the popular mandate of the 2024 general elections and would adhere to constitutional norms, practices and conventions. Still, unfortunately, the two have stuck to their old ways by picking up a seven-term MP Bhartruhari Mahtab as pro-tem Speaker flouting the long-held conventions by denying the position to K Suresh- Congress’ eight-term MP from Kerala.

Article at a Glance

 

Since 2014, Prime Minister Narendra Modi's government has shown scant respect for constitutional positions like the Speaker, Governor, and Vice President.

Despite a strong mandate in the 2024 general elections, the ruling BJP has continued to flout conventions and undermine democratic practices. The government has misused the office of the Governor to interfere with opposition-ruled states, disregarding the principle of federalism.

The Supreme Court has intervened in several cases, but the government has ignored its directives. The BJP's abuse of power has led to a breakdown in the system, with Governors being used to further partisan interests.

The government's disregard for constitutional norms is a threat to India's democracy, and it remains to be seen if they will listen to sane advice and change their ways.

While people, in whom the first and foremost principle of democracy resides, have underlined the significant role of the opposition by making it strong in their clear mandate, the ruling BJP does not seem to be interested in disembarking from its seat of arrogance and seems to be determined to continue to act as it did for a decade.

 

Huge mandates of 2014 and 2019 made the Modi government arrogant and oblivious of democratic practices as it began to use, misuse and abuse every institution and state agency to irritate, interfere, and control the opposition in general and particularly the opposition-ruled states through the office of governor.    

 

Every political party without exception, depending on whether it is ruling or in opposition, has attacked the Governor’s institution but the BJP post-2014 has taken a U-turn by misusing the Governor’s office to undermine the principle of federalism which is the bedrock of the country’s Constitution.

 

Former Prime Minister Atal Behari Vajpayee along with his party colleagues sat on a dharna in 1998 to demand the recall of the UP Governor Romesh Bhandari on his alleged suspicious role of dismissing Chief Minister Kalyan Singh government and swearing in a Chief Minister without going for the floor test. After the protest, the Kalyan Singh government was restored and one day Chief Minister Jagdambika Pal was dismissed without a floor test.

 

In 2016 itself, the role of governors in Arunachal Pradesh and Uttarakhand came into question when the Centre imposed the President’s rule on these two states at the Governor’s recommendation.

 

On 13 July 2016, the Supreme Court unanimously quashed Arunachal Pradesh Governor J P Rajkhowa’s decision to advance the assembly session from January 14 this year to December 16 last year creating political unrest in the border state which led to the imposition of President’s rule on the state on the Republic Day.

 

A five-judge bench, led by Justice J S Khehar, directed the restoration of the status quo ante as it existed on December 15, 2015, showing the doors to the BJP-propped rebel Congress government of Chief Minister Khaliko Pul. The verdict also paved the way for the return of the Congress-led government of Chief Minister Nabam Tuki.

 

The judgment came heavily on the role of the Governor saying all Governor Rajkhowa did here was to use his constitutional authority to ostensibly favor an “invalid breakaway group” of MLAs disqualified under the Tenth Schedule.

 

After Uttarakhand, the highest court of the land by its judgment not only tried to put brakes on the BJP-led NDA government’s misuse of Article 356 to dislodge non-BJP governments in different states through the institution of the governor but had exposed Prime Minister Narendra Modi’s promise of pursuing the path of cooperative federalism.

 

The imposition of the Central rule on a state which had a democratically elected government came under severe criticism from the non-NDA parties. Still, the BJP-led government had defended its move saying that the state was facing a constitutional crisis and there was a breakdown of law and order.

 

Similarly, an ugly power tussle was witnessed between the democratically elected government in Delhi and Lt Governor Najeeb Jung in 2015 and 2016. The Centre continued to harass and put roadblocks on the way of administering Delhi by the Kejriwal government through the office of the Lt Governor.  After Najeeb Jung, the Centre brought Anil Baijal and then V K Saxena in 2022 who is working as an extended arm of the Union Home Ministry to create unthinkable hurdles for the AAP government to fulfill its constitutional responsibility towards the people of the Union Capital.

 

Kerala’s Governor Arif Mohammad Khan and Bengal’s Governor C V Ananda Bose are no better as the two are not allowing the democratically elected government to work by interfering.

 

Instead of admonishing, restraining, or restricting governors, the Modi government encourages them and rewards such individuals. A case in point is the former Bengal Governor Jagdeep Dhankar who was felicitated for his pro-BJP role by elevating him to the post of the constitutional chair of Vice President.               

 

Undeterred by the Supreme Court’s directives and judgments, the Modi government has been sticking to its undemocratic and unconstitutional ways of using Governors for furthering its partisan political interests as is evident in the case of Kerala, West Bengal, Delhi, and other non-BJP states.   

 

Till 2014, the majority of governors, who are political appointees of the central government, acted at the behest of the ruling party in New Delhi but they more or less remained within the constitutional norms. In the highly competitive divisive polity in which the country finds itself today, motives are attributed to the role of governors but today their use is blatant.  The BJP, today, has crossed all limits in its abuse of the office of Governor.    

 

The governor’s role has indeed been a topic of intense debate and discussion with some demanding the abolition of the institution and others pitching in for a more defined role leaving very little ground for individual discretion.

 

Whether the Modi government would listen to any sane advice is highly doubtful.

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