Author: A Surya Prakash
Publication: The Pioneer
Date: May 31, 2011
URL: http://www.dailypioneer.com/342323/Wrecking-the-Constitution.html
The UPA will be making a gross miscalculation
if it considers the goodness of Kannadigas as a weakness and persists with
HR Bhardwaj as Governor.
Going by the conduct of Karnataka Governor
HR Bhardwaj over the last one year, there should be no doubt that the present
occupant of the Raj Bhawan in Bangalore has turned it into a den of intrigue
and mischief and has become the biggest destabiliSer of the Constitutional
arrangement and the democratic process in the State. The Governor's intimidatory
tactics, more akin to rude cross-examination techniques employed by rookie
lawyers in Tees Hazari Courts where Mr Bhardwaj began his legal and political
journey, and his frequent somersaults when such tactics fail, have only brought
infamy to the office he holds.
If one considers the number of times he has
been made to eat crow, he is certainly the 'Somersault Man' among Governors
in the country. Just look at his track record: Last October, when 11 BJP MLAs
revolted against Chief Minister BS Yeddyurappa and announced withdrawal of
support to the Government, no one could fault him for his first response which
was to ask the Chief Minister to prove his majority in the State Assembly.
However, he had no authority to issue orders to the Assembly Speaker on what
he should do and how he should treat the MLAs vis-à-vis the complaint
made against them by the BJP Legislative Party. Apart from this constitutional
impropriety, he described the vote on the motion of confidence as a "farce"
and recommended the imposition of President's rule in the State.
Even at that stage it was known that the Speaker's
decision to expel the 16 MLAs would get embroiled in a major legal battle,
first in the High Court and later in the Supreme Court. Though the Speaker's
orders were upheld by the High Court, it was also well-known that the fate
of these 16 MLAs would eventually be decided by the Supreme Court. The recent
judgement of the Supreme Court indicting the Karnataka Assembly Speaker for
expelling the 11 BJP MLAs and five Independent MLAs shows the Speaker erred
in not following due process while disqualifying the rebel legislators. As
regards the five Independent MLAs, the Supreme Court has held that their withdrawal
of support to the Government did not amount to defection. Both these judgements
will have long-term implications in so far as the implementation of the anti-defection
law is concerned, but neither of them gives Governors any power to destabilise
constitutionally-elected Governments.
Last October, when the Governor took the foolhardy
step of recommending President's rule in the State on the ground that the
Yeddyurappa Government had lost majority support, people with even a nodding
acquaintance of constitutional law wondered how the Union Government could
take charge of a State when the Supreme Court had clearly declared that Governors
are not to resort to arbitrary head counts. If, as Mr Bhardwaj claimed, the
head count was vitiated, he should have awaited the opinion of the courts
in the matter rather than take the law in his own hands.
The first and basic principle laid down by
the Supreme Court in the Bommai Case is that the issue of majority or minority
is not to be determined by Governors. This is a matter to be settled entirely
within the four walls of the legislature. Fortunately, those who man the Union
Government have a better sense of the law in the post-Bommai phase than most
Governors. That is why the Union Government rejected Mr Bhardwaj's advice
and forced him to eat his words. Rapped on the knuckles, Mr Bhardwaj did a
neat volte face, pretended as if all was well, and directed Mr Yeddyurappa
to face a trust vote on October14. The Chief Minister acted on this advice
and won the confidence motion.
But the respite lasted just three months.
In early-2011, the Governor was back to his old ways. This time, some allegations
of nepotism made against the Chief Minister became the excuse for Mr Bharadwaj
to once again dabble in active politics and step up the campaign against the
Chief Minister and the Government. The Governor's conduct at that time smacked
of collusion with Opposition leaders in the State Assembly and yet again emphasised
the partisan role played by him, and led to fresh protests against him.
Since Mr Bhardwaj had objected to the expulsion
of MLAs last October, the two recent judgements of the Supreme Court vis-à-vis
the 16 MLAs has certainly come as a morale booster for him in so far as it
vindicated his stand that the vote on the motion of confidence passed last
October stood vitiated in the light of the hurried expulsion of the legislators.
But as is his wont, Mr Bhardwaj has grossly misread the judgement and ventured
into un-constitutional terrain by once again recommending the sacking of the
State Government and imposition of President's rule.
And, as in the past, the Union Government
has found no merit in his advice because it knows that such a course is constitutionally
untenable. The Government is aware that after the Bommai judgement, the Supreme
Court reserves the right to see the material sent by the Governor to the President.
In that scenario the Union Government is obviously unsure of the material
at hand. Therefore, yet again the Government has felt compelled to nudge Mr
Bhardwaj to back-track and honourably make peace with the Chief Minister.
Mr Bhardwaj has complied with this advice post-haste. However laughable it
may seem, the very Governor who had recommended imposition of President's
rule in the State has now publicly declared that Mr Yeddrurappa enjoys a "massive
majority" in the Assembly and that the Chief Minister is his "friend".
Forget about constitutional instability, the conduct of the Karnataka Governor
clearly points to instability of the mind in respect of the present incumbent.
The Union Government is playing with fire
by continuing with Mr Bhardwaj as the Governor of Karnataka. The people of
this State are probably the most democratic and peace loving in the country.
The Union Government will be making a gross miscalculation if it considers
the goodness of Kannadigas as a weakness and persists with Mr Bhardwaj who
is wrecking the Constitution and the democratic process from within Raj Bhawan.
If the Union Government fails to act, it will expose itself to the charge
of weakening the constitutional edifice. As regards the Congress, it will
pay the price politically for allowing a partisan party man like Mr Bhardwaj
to harass a duly elected Chief Minister.
The visual accompanying this article shows
a BJP supporter shouting slogans from inside police van after she was arrested
during a protest against Governor HR Bhardwaj for trying to destabilise the
Government. Courtesy: Faheem Hussain.
