Discussion in Rajya Sabha on December 8 on a private member’s Bill to amend Constitution, moved by Communist Party of India (Marxist) Member of Parliament V. Sivadasan, saw members demanding a system to fix the accountability of Governors. The Bill sought to provide powers for State Assemblies to recall Governors.
Dr. Sivadasan said in the statement of objects and reasons of the Bill that the stature and dignity of the Governor’s office require that the person who holds such a position enjoys the legitimate support of the people and be accountable to the people of the State. “To appoint the Head of the State governments through executive orders is antithetical to the spirit of democracy and federal spirit,” he argued in the Bill.
The Bill sought amendments to the Constitution so that the Governor shall be elected by the members of an electoral college consisting of Legislative Assemblies of the States and elected members of the Gram Panchayats, Municipalities and Corporations of the States. “The election of the Governor shall be held in accordance with the system of proportional representation by means of the single transferable vote and the voting at such election shall be by secret ballot,” the Bill argued.
It also suggested to fix a term of five years for Governor’s post from the date of assuming the office and the Governor may resign by writing a letter addressed to the Speaker of the State Assemblies. “The Governor may be removed from his office by a resolution of the Legislative Assembly of the State passed by a majority of not less than two-thirds of the members of Assembly present and voting,” the Bill said.
Most of the Opposition members who were present during the debate supported the Bill. They said conflicts between Governors and State governments have become regular and Parliament must intervene to protect federal rights of the States. Congress MP L Hanumanthaiah argued that Governors are working as political agents of the ruling party at the Centre. “The Supreme Court has expressed serious concern about the delays by Governors in assenting to Bills passed by the elected State legislators. This violates the constitutional provision and doctrine of constitutional morality. The fact that there is a conflict between the Governor’s office and the elected government is a very sad part of democracy and a serious concern of democratic process,” Mr. Hanumanthaiah said.
Trinamool Congress MP Jawhar Sircar too supported the Bill. “Colonialism spells itself out through the mechanics of power and hegemony. All Governors irrespective of regime are run by diktats issued by under secretaries and deputy secretaries of the Ministry of Home Affairs,” Mr. Sircar said.
Biju Janata Dal’s Sujeet Kumar opposed the Bill. “The high office of Governor is of official responsibility not accountability. In our scheme of things, the Governor plays a very important role in maintaining the federal structure of our Constitution,” Mr. Kumar said. BJP member and former Tripura Chief Minister Biplab Kumar Deb argued that Governor is a link between the Centre and a State and opposed the Bill.
