Article: Disputes between the Center and the states are increasing, the government should think again on the appointments of governors

Fresh clashes were seen in Bengal

Like many other commissions in the past, this commission too did little to heal the many fissures in the governor-state relationship. Recently there was a confrontation between West Bengal Governor CV Anand Bose and CM Mamata Banerjee. We have been living with the same rhythm at the centre of our political system for half a century, as if there is some accepted pattern to that irregular rhythm. It does not. In the form of the governor, we have an institution that pretends to be apolitical but has been used by successive central governments to spread political chaos at crucial junctures in our post-independence history.

History thrown in the dustbin

All talk of the governor playing the role of friend, philosopher and guide to the council of ministers has long been thrown into the dustbin of history. Governors are appointed, especially now, with the clear intention of steering opposition-led governments in states in the wrong direction. Take the example of Tamilisai Soundararajan. The Sarkaria Commission had recommended that a politician from the ruling party at the Centre should ideally not be appointed governor of a state ruled by an opposition party or a coalition of other parties. But in 2021 the BJP appointed Soundararajan, the chief of its Tamil Nadu unit, as governor of Telangana. She spent most of her tenure at loggerheads with the BRS government. Then promptly resigned earlier this year and went back to the BJP to contest the 2024 Lok Sabha elections.

The Supreme Court had reprimanded

On the other hand, Governor Ravi received a strong rebuke from the Supreme Court for refusing to swear back a minister in the Tamil Nadu Cabinet even after he was convicted in a corruption case. Former Punjab Governor Banwarilal Purohit was also among the long list of people like him who refused to sign the bills passed in the assembly. After this, he also had to face humiliation from the Supreme Court. The governor is expected to follow the Constitution while appointing chief ministers and manage unstable periods when the government loses majority in the assembly. He should not blindly follow the orders of the Center or any other political agenda.

What did Bhagat Singh Koshyari do?

But remember former Maharashtra governor Bhagat Singh Koshyari? He helped bring down the Uddhav Thackeray government by demanding a floor test even though (in the words of the Supreme Court) it had ‘no objective material to conclude’ that Thackeray had lost the confidence of the House. The Sarkaria Commission had discussed various ways of appointing a governor, including holding an election and allowing the chief minister a say in the appointment to minimise confrontation in opposition-ruled states. In the end, it opted to maintain the status quo on this crucial aspect.

It's time to find a different path

Now, 77 years after Independence, perhaps it is time to find a different way of appointing governors. As the Sarkaria Commission pointed out, holding elections or allowing states to recommend names may defeat the purpose of the post of governor and go against the idea of ​​creating a counterbalance in our power structure. But what about involving the leader of the opposition in the appointment? Many powerful posts that require political neutrality involve the leader of the opposition in the selection process, such as the Chief Election Commissioner (CEC), the Chief Information Commissioner, the CBI Director and the Chief Vigilance Commissioner.

There will be transparency in the recruitment process

Many may argue that the leader of the opposition was included in the panel formed for the appointment of the Chief Election Commissioner under pressure from the Supreme Court. But the government reduced his role to a minority by making the Prime Minister and a Union minister part of the three-member panel. This makes the selection process one-sided in favour of the government, but at least there will be an opposing view, which will promote ideas necessary for a vibrant democracy. This will also bring much-needed transparency in the process. The same can be done in the selection process of governors. The opposition leader can add an additional layer of scrutiny.

The centre must let go of its hold

It is indeed sad that neither the BJP nor the Congress has pushed for a system that forces governors to play a less partisan role, even though both parties have suffered at the hands of partisan governors. The Centre must now give up its grip on this undemocratic lever of power that has been used so often to hurt our federal structure.