Role of Governors questioned in wake of AP, Ukhand episodes

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Press Trust of India New Delhi
Last Updated : Aug 04 2016 | 8:22 PM IST
The role of Governors today came into question in the Rajya Sabha as it discussed the dismissal of governments in Arunachal Pradesh and Uttarakhand, during which the Modi dispensation came under sharp attack for imposing the President's Rule which was quashed by the court.
The House saw a face-off between Congress and government, with the main opposition party alleged "trampling" of democracy by the BJP-led government which hit back by reminding that Congress had "butchered" democracy by misusing Article 356 about 100 times.
Congress pressed for a statement and "apology" by Prime Minister Narendra Modi for dismissing the party's governments in Arunachal Pradesh in December last year and then in Uttarakhand in January.
During the debate, several members questioned the need for having a Governor and sought a review of the Article under which Governors are appointed.
After about 4-and-a-half hours of discussion, a reply by Minister of State for Home Affairs Kiren Rijiju was disrupted by the Congress which said it cannot allow him to speak as he was allegedly involved in the toppling of Arunachal Pradesh government.
Rijiju was replying to the discussion on the 'Developments in Uttarakhand and Arunachal Pradesh leading to the change in the ruling dispensations in the states and the role of the Governors there' on behalf of Home Minister Rajnath Singh who was on a visit to Pakistan.
Amid the din created by Congress, Rijiju said the protest was "unfortunate" and "exposes the hollowness of the basis on which the Congress party has tried to make this as an issue".
Deputy Chairman P J Kurien said Rijiju's hailing from Arunachal does not disqualify him from replying to a debate.
He asked Rijiju to give the reply after seeking the opinion from the other political parties including TMC, CPI-M, AIADMK and DMK who had no issues with it.
"I can postpone the reply only on consensus. There is no consensus. So he can reply," Kurien told the protesting Congress members who stormed the Well of the House.
On the allegation that Centre has toppled the governments in both the state, Rijiju said in the last 2 years, there have been 3 instances of President's Rule -- Delhi, Arunachal Pradesh and Uttarakhand.
Claiming that some Congress members are "misleading" the House and the country, Rijiju said it is being said that some RSS workers have been appointed as Governors in the three states, but Lt Governor of Delhi Najeeb Jung was appointed by the UPA government.
"They have excellent track record in serving this nation.
How could you mislead this nation and this House? All three were never members of the BJP," Rijiju said countering the protesting Congress members.
He contended that Congress was responsible for imposing the most number of President's Rule in the country.
"I wish I could make more elaborate points thereby justifying that we are not involved in either Uttarakhand or Arunachal Pradesh. It is the internal matter of the Congress party. If anybody has to apologise to the nation it is the Congress party by creating unnecessary issue," he said.
Earlier, the debate saw repeated clashes between the BJP and Congress members over the imposition of President's Rule in Uttarakhand and Arunachal Pradesh.
Attacking the government, Congress leader Kapil Sibal said, "We demand the Prime Minister should come to the House and explain and apologise to the country for what has happened," he added.
"What happened was unheard in the history of India. Yes, 356 has been used and misused but this kind of mechanism never happened in history of India. And in the history of India this is for the first time that Supreme Court restored status quo ante which has also never happened in the history of India," the former Union Minister said.
He said even though Prime Minister was coming to Parliament, he has been avoiding the House.
"I am saddened that in such an important debate we would have expected the Prime Minister to be here. He should have been here and expalin why President's rule was imposed in the two states," Sibal said.
Accusing the government of engineering the episodes, he said, "You are treating your Governors as RSS pracharaks as agents and you are using the post of Governors to destabilise elected governments in this country..."
The Governors appointed by the governemnt are raising issues like 'Love Jihad' or asking people to go to Bangladesh, he added. "Our Governors never did such things," Sibal said.
Attacking the PM, he said: "Your PM has chosen not to come and neither answer. PM has chosen to stay aloof. He should tell his agenda, intentions. He keeps on talking on 'Mann ki Baat' but does not say anything on this matter."
Neeraj Shekhar (SP) said BJP was committing the same mistakes that Congress had done and wanted apology from both the parties for misuse of Article 356.
He also questioned the necessity of having the post of Governor.
Sukhendu Sekhar Roy (Trinamool Congress) sought review of
the appointment of Governors and demanded putting in place of eligibility and qualification criteria for selection.
This is necessary as recent developments in Uttarakhand and Arunachal Pradesh prove that some Governors have "acted as agents," he said.
"Article 157 of the Constitution deals with the appointment of a Governor and this must be reviewed. The qualification should be provided," he said.
He also sought review of the Article 356 even as he observed that the ruling party was giving "uncanny respect" to the Constitution.
CPI leader D Raja said the question is being now raised that why do we need a Governor. He urged upon all political parties to ensure that Article 356 of the Indian Constitution should remain as "dead letter".
Dilip Tirkey (BJD) said the smaller parties have been most affected by the Article 356. He said what happened in Arunachal Pradesh and Uttarakhand has put a question mark on federal structure.
Congress leader Anand Sharma, while initiating the debate, said what happened in the two states was a "brazen violation of Constitution" and "insult to democracy".
"What happened in Arunachal late last year followed by Uttarakhand in Janauary this year shocked the country and invited censure of the Supreme Court and High Court of Uttarakhand," he said.
Questioning the role of Governors, the former minister said he or she is "not supposed to interfere in day-to-day functioning...Take unilateral decisions... Constitution was not respected...It is insult to peoples mandate."
Citing the developments in both the states, he said Governors do not meddle in politics or undermine elected governments but "brazen violation of constitution" occured in both the states.
He alleged that the Governors in both the states "willingly became tools to pursue nefarious agenda of the ruling party".
Citing the Supreme Court orders on the dismissal of governments in these two states, Sharma asked why no action was taken against Uttarakhand Governor.
"Sack that Governor. Remove him. If he continues to hold the post you are insulting constitution," Sharma said.
"What happened was shameful. The government conduct was outrageous... Prime Minister Narendra Modi speaks of constitutional federalism...At the same time ruling party president talks of Congress-mukt Bharat...That is the official position of the ruling party and its national executive...This is insult to democracy and misuse of authority to destabilise elected governments," Sharma charged.
Urban Development Minister M Venkaiah Naidu intervened to say that it is "the Devil quoting the scriptures".
This was objected to by the Congress after which Deputy Chairman P J Kurien said he will examine whether it fell under unparliamentary language.
Naidu said, "Issue is ...Does the Congress party have any moral right to raise this. It has misused Article 356 at least 90 to 100 times...Such party is giving sermons.
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First Published: Aug 04 2016 | 8:22 PM IST

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