@RavikiranRKD
A remarkable feature of the most unpleasant episode in which Governor Bhagat Singh Koshyari was denied State government aircraft by Chief Minister Uddhav Thackeray has been that of the involvement of senior officers from Raj Bhavan and Chief Minister’s Office (CMO) in the ongoing most distasteful political war. This has happened for the first time since the spat began soon after Mahavikas Aghadi (MVA) comprising Shiv Sena, Nationalist Congress Party (NCP) and Congress snatched power from Bharatiya Janata Party (BJP).
Be it review meetings called by the Governor such as one about the state preparedness to tackle pandemic where Chief Minister (CM) did not show up or handling of the issues of higher education by Shiv Sena minister Uday Samant, a letter by the governor to CM about the opening of shrines or delay in nominating 12 members to the State Council, the state administration never came into the picture.
The details of the communication reveal the secretary to the governor was in touch with the additional chief secretary (ACS) to the CM. While the Raj Bhavan clarified its Secretariat had written to the state authorities on February 2, the government says Raj Bhavan officials should have confirmed the permission to use the aircraft. CM has now asked to fix responsibility on Raj Bhavan officials who were involved in the issue. But how did the governor’s cavalcade leave Raj Bhavan for the airport when the permission was not in place? And why did the CMO take so long to communicate in writing that no permission has been granted?
Surprisingly, Raj Bhavan seems to have forgotten that the governor can also travel by the railway saloon (special coach reserved for Governor), exclusively kept at his disposal which also attracts expenditure of around Rs 20 lakh each year for its maintenance and upkeep. Such colonial legacies still exist but we have forgotten to use them.
In any case, the ongoing tiff is getting murkier and the souring point has been that of the nomination of 12 members to the State Council. The governor fills up these vacancies according to the Constitutional norms but precedents say ‘in consultation with the CM’.
The ignominious episode involving the two most important institutions is giving a bad name to Maharashtra. It’s the war between the BJP and the Mahavikas Aghadi government. Koshyari, being the ex-CM of Uttarakhand and a hardcore BJP leader, is in the eye of criticism and being portrayed as an emissary of the BJP to upset the applecart. The state BJP leaders just add to it by instantaneously reacting over each issue that involves Raj Bhavan.
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Indeed, there are a lot many things a state governor can do. He is the constitutional head of the state and keeps an eye on compliance with ‘law and order’. The word ‘order’ is not just about the rule of law but that of good governance.
Here, two important issues crop up- one is about the norms of protocol and the very concept of the appointment of governors. First- when high officials of Raj Bhavan and the state government engage in shoddy political moves and give the protocol a decent burial, is it then just for the general public to respect it? Nobody from the higher echelons seems perturbed over the erosion of high standards in public institutions.
For the common citizens, the governor is just a representative of the centre who administers the oath of office to CM and his cabinet members. Also, he recommends President’s rule if the government loses the majority, addresses a joint session of the state legislature, and is at most seen as the chief guest at some important public functions. He invites sessions of the state legislature and prorogues it and issues ordinances. He uses his discretionary powers to submit periodic reports to the President of India, he can hold back bills approved by the state legislature and can send them for the approval of the President of India.
Under Article 371 (2) he has powers to establish regional development boards and ask for the equitable distribution of funds from the state budget. Interestingly, the Thackeray-led government has consciously decided not to recommend the continuation of the development boards so that the governor does not play his role for the equitable distribution of funds and supervision over it. Past incidents say governors have used their powers to ask for diversion of funds for specific purposes.
Apart from this, the governor appoints Lokayukta and Upa-Lokayukta, State Election Commissioner, Chairman and members of the Maharashtra Administrative Tribunal, Chairman and members of the state human rights commission, Chairman and members of the Maharashtra Public Service Commission, Sheriff of Mumbai, State chief information commissioner, and information commissioners. He can ensure persons of repute are appointed on these bodies and adopt a pro-people approach.
The Governor is also the Chancellor of all the universities (excluding private) in the State. He appoints selection committees for the appointment of Vice-Chancellors, nominates members to Senate, executive and management committees, academic council, the selection committee for appointing teachers, and building and construction committees of the universities. In all, he can play a constructive role in raising the standards of education.
Audit reports of the Comptroller & Auditor General (CAG) of India are submitted to the governor and he asks the state cabinet to table them in the state legislature. The governor approves the rules of business for the government, almost all the financial provisions, demands for grants, and finance bills are introduced with the approval of the governor.
Above all, the governor can ensure good governance for the benefit of the state. But it seems the political compulsions have taken over the public cause. To carry on such important tasks the governor is assisted by the administrative wing that comprises over 250 officers and employees deputed at Raj Bhavans located in Mumbai, Pune, Mahabaleshwar, and Nagpur. People of the state will be happy to know whether Koshyari has played any constructive role in this since his constitutional obligation is towards the people of the state.
About the Author : Ravikiran Deshmukh is a senior journalist who has also served as the Media Coordinator to former chief minister Devendra Fadnavis. He can be contacted at ravikiran1001@gmail.com
