Friday, October 28, 2022

Governor’s actions must fit his stature

In a society like ours, democracy works not solely on neatly carved out rules and conventions, but more on ‘gentleman agreements’ arrived between persons positioned as adversaries.

In a society like ours, democracy works not solely on neatly carved out rules and conventions, but more on ‘gentleman agreements’ arrived between persons positioned as adversaries. Though the positions of the chief minister and governor are not that of adversaries, most often, issues erupt that place them on opposite sides.

The equation between Kerala Governor Arif Mohammed Khan and the ruling front has not been smooth for quite some time. Of late, the relationship has metamorphosed into a confrontation, with the governor refusing to sign two major bills passed by the state assembly. The ongoing tussle touched an all-time low with the governor’s recent tweet warning ministers of “withdrawal of pleasure”—a hint that he has the power to sack them—if their statements lowered the dignity of his office.

What irked the governor was a remark by Higher Education Minister R Bindu criticising his interference in the functioning of universities. Whatever the provocation, issuing veiled intimidation to an elected government does not augur well for democracy. Constitutional experts have made it clear the governor did exceed his brief with such a needless threat.

According to the Constitution, the governor is required to follow the advice of the ministry in all matters. The SC has also made its stand clear on the arbitrary use of gubernatorial discretion. A Constitutional Bench pointed out in 2018 that “the area for exercising his (governor’s) discretion is limited. Even in this limited area, his choice of action should not be arbitrary or fanciful.”It is highly improbable that Khan, a seasoned politician, would be unaware of the delicate balance prescribed by the Constitution to delineate the interplay of power between the governor and the state government. Engaging in a war of words with the chief minister on a daily basis is in itself unbefitting of his stature.

In fact, such provocative acts would only lower the dignity of his office. By immersing himself in unwanted controversies, Khan has landed in a piquant situation. Even those who initially thought there was merit in his interventions have come to suspect his designs. He needs to urgently stop taking shots at the government needlessly and re-establish the credibility of his position.


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