Financial Daily from THE HINDU group of publications Friday, Feb 27, 2004 |
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Opinion
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Politics Columns - Offhand Why Governors? B. S. Raghavan
In his address to his cadres at the recent party conference to adopt the election manifesto, he has questioned the need for having the posts of Governors, suggesting that the Chief Justice of the High Court concerned could easily discharge whatever limited functions there might be depending on the exigencies of the situation. He has also taken a swipe at the present Governor of Tamil Nadu, Mr P. S. Ramamohan Rao, accusing him of promulgating, without proper examination of their need or merits, whatever ordinances the State Government chose to place before him. Two former Justices participating in the Madras Presidency College Alumni Association meeting to felicitate the Governor, an old boy of the College, have joined issue with Mr Karunanidhi, while Mr Rao said at the same meeting that he did not put his signature to any Ordinance without scrutinising it thoroughly by consulting the Law Secretary and the Advocate-General. Of course, carping critics might not accept this as a full or convincing defence. The functionaries referred to may be competent at best to advise on the legality and constitutionality of the Ordinance, and not on its propriety or political motive. Hence, merely the fact of consulting them does not vouch for the justification of the Ordinance. An example is the Ordinance restoring the right to make animal sacrifices at places of worship. What dramatic circumstances had arisen for the Governor, Mr Rammohan Rao, to persuade himself that a 53-year old ban had to be reversed? Is resort to animal sacrifices of such phenomenal urgency that an Ordinance had to be promulgated? The only new situation was the imminence of the Lok Sabha election prompting the ruling political executive of Tamil Nadu to placate and pander to vote banks earlier antagonised by the ban. Mr Rao might argue that it was not for him to determine the need and timing of the revocation of the ban, but that does not make the Ordinance any less dubious. On the question of the need for a Governor at all, it must be remembered that the provision was included in the Constitution only after a prolonged and exhaustive debate on the pros and cons. It was re-examined by the Sarkaria Commission which strongly urged its retention. A Governor, keeping a watchful eye on the happenings in the State, charged with the responsibility of ensuring that the Government is being carried on in accordance with the Constitution, can certainly exercise a sobering influence. To be agitating the matter any further is a waste of time.
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