SC verdict may be a lesson to "puppet" governors who act at behest of ruling party at the centre

The Supreme Court has delivered two unique and historical decisions about Maharashtra imbroglio and powers of Lt. governor, union territory Delhi which may have far reaching effects on the role of “Puppet” governors appointed by the government of the day at centre to rule through ‘PROXY’ and extra constitutional authority exercised by the centre  to undermine the sanctity of elected government like AAP government in the national capital.

Notwithstanding the fact that Shinde government has survived due to blunder committed by Uddhav Thackeray, who resigned on moral ground and refrained from facing floor test, legal experts say that as per apex court, the foundation of the government is illegal as governor had exercised the powers which were not vested in him by the constitution of India.   

Litmus test for speaker and future implications of SC verdict.

According to legal experts, there are several takeaways from apex court verdicts which may checkmate growing tendencies of “Dummy” governors appointed by the party of the day to subvert the constitution to destabilize the elected governments.

Second, SC has put speaker, Rahul Navekar in a most difficult situation as he is bound to face the dilemma of adhering to the wishes of ruling coalition and centre not to disqualify 16 MLAs of Shinde faction, who had defected from parent body to ensure downfall of the Udhav Thakre government.

Third, the supreme court has directed the speaker to decide the validity of the whip issued by the then leader of the house and chief minister to these MLA who had violated the same. Narvekar has reacted to the ruling saying: “The Supreme Court has said that the Speaker will decide on the disqualification of 16 MLAs. There was no clarity (earlier) whether a political party or legislature party can decide on the Whip. Now that the honorable SC has given a clear interpretation, we will accordingly decide.”

Fourth, experts opine that due to error of Uddhav, the SC did not restore him as CM, but rest of actions of governor which form the basis of formation of Shinde government are Illegal, which means present state government has got no moral authority to continue.

Fifth, as per Uddhav group’s expectations, speaker can not go against his 'Masters’, hence he may not disqualify 16 MLAs of Shinde faction which will lead to another fierce legal battle in Supreme Court.

Sixth, in another verdict about Delhi government’s powers, SC has made it clear that Delhi union territory is as good as a government of any state in India, hence there cannot be differentiation in their powers. Except for three areas (public order, Law and land), the apex court has ruled that Delhi government and its chief minister is not less than other states and counterparts in the country respectively, hence powers will be identical. AAP leaders are upbeat as their government had become nonfunctional, especially when the Lt Governors appointed by the centre were exerting their powers which, they thought, belonged to them. Former LG, Najeeb Jung, appointed Shakuntla Gamlin as acting chief secretary without consulting CM Arvind Kejriwal, who opted for an open confrontation and questioned the powers to undermine the elected government. The Union home ministry had clarified at that time that LG enjoyed transfers and posting powers which are entrusted to him by the centre. High court had rejected the AAP government’s plea about LG’s powers, hence a case was filed in SC, which has preserved the essence of democracy and sanctity of the elected government.

Political fallout of both verdicts

Experts are debating the fallout of illegal action of Koshiyari who did irreparable damage to the previous government of Maha Vikas Aghadi (MVA) but he will face no legal action as he is no longer the governor of Maharashtra. Koshyari’s illegal action had cost Uddhav his government, hence the SC said that “there must be some objective material in addition to a mere request to call for a floor test. In the present case, the Governor did not have any objective material before him to indicate that the incumbent government had lost the confidence of the House and that he should call for a floor test. Hence, the exercise of discretion by the Governor in this case was not in accordance with law.” Every politician has got line of defense and Koshyari, despite being exposed and cornered, still says, “It has been three months since I resigned from the post of Governor. I keep myself away from political issues these days. The SC has given its verdict. Legal experts can comment on the verdict. I am not a legal expert and I am only familiar with legislative rules. I made my decisions based on these rules. If someone submitted his resignation to me, what could I have done? Should I have said "do not resign?”

The AAP government will now undertake a big exercise of reshuffling IAS officers etc. and give lucrative postings to those who act as per right or wrong ‘instructions’ of the Ministers, MLAs etc. which may strengthen their grip on administration to implement the projects and schemes. It may take the AAP government out of limbo as LGs were constantly making this government ineffective which was hitting the party politically also.

God omen for Maha Vikas Aghadi

Political observers say that survival of Shinde government may be a blessing in disguise for Maha Vikas Aghadi (MVA) as it will send the signal about illegal formation of present BJP-Shinde group which may be exploited in future. Now, Ajit Pawar’s dream to become CM has been shattered, hence he can focus on his new role which may be assigned to him by Sharad Pawar. Uddhav Thackeray feels that SC has exposed the ex-governor and centre for conspiring against his government which will be well publicised to inform the people of Maharashtra.

In this backdrop, as per people's expectations, there must be some law to punish “Puppet” governors appointed by ruling party though former governor Koshyari and his mentors have been fully exposed by the apex court, which is delivering bold verdicts to protect tenets of democracy. Similarly, SC has preserved the authority of elected government which cannot be hijacked by any nominee of the centre

(Writer is political analyst and senior journalist based in Shimla)

Published on: Friday, May 12, 2023, 05:51 PM IST