• UGI USER
  • Jul 18, 2024
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GOVT.-GOVERNOR RIFT IN WEST BENGAL

Syllabus:

GS 2 :

  • Issues and Challenges Pertaining to the Federal Structure, Devolution of Powers
  • various Constitutional Posts, Powers, Functions and Responsibilities.

Focus:

The ongoing conflict between the West Bengal government and Governor C.V. Ananda Bose has intensified, involving issues like pending Bills, university appointments, and harassment allegations. The escalating dispute has led to administrative and legislative bottlenecks, with significant implications for the governance and political stability of the State.

Source: Edurev

Overview

  • Tensions Rising: Relations between Raj Bhavan and the West Bengal government are worsening, leading to severe administrative and legislative challenges, disrupting the overall functioning of the State.
  • Serious Issues: The conflict has escalated beyond pending Bills and university appointments, now involving significant administrative bottlenecks and legislative paralysis, impacting governance efficiency.
  • Recent Headlines: Governor C.V. Ananda Bose’s demand for action against senior police officials over a sexual harassment probe has been a major point of contention.
  • Defamation Case: A defamation petition filed by the Governor against Chief Minister Mamata Banerjee has further strained relations, with the Calcutta High Court intervening.
  • Supreme Court Appeal: The West Bengal government has approached the Supreme Court, alleging that the Governor is deliberately withholding key Bills passed by the State Assembly.
  • Governance Impact: The ongoing conflict between the constitutional head and the political head is severely hampering the effective day-to-day functioning of the government.

Escalation of Conflict

  • Declining Relations: Relations have been deteriorating for months, culminating in a defamation case filed by the Governor against Chief Minister Mamata Banerjee.
  • Harassment Allegations: A police complaint against the Governor by a Raj Bhavan employee alleging sexual harassment has significantly intensified the ongoing conflict.
  • Article 361 Immunity: Despite the Governor’s immunity under Article 361, the Kolkata Police initiated a probe into the harassment allegations, exacerbating tensions.
  • Historical Tensions: A long-standing tussle between Raj Bhavan and the West Bengal government has escalated, particularly since 2006, impacting governance.
  • Previous Governors: Relations between Raj Bhavan and the State government were also tense during the tenures of former Governors like Gopalkrishna Gandhi and Jagdeep Dhankhar.
  • Initial Cooperation: Governor Bose’s term began with cooperation but quickly devolved into disputes, especially over the appointment of Vice Chancellors for State-run universities.

How Office of Governor is misused:

  • Arbitrary Dismissals: Governors have dismissed state governments based on partisan interests, undermining the democratic process and federal structure.
  • Delay in Assent to Bills: Governors have delayed giving assent to bills passed by state legislatures, stalling important legislative work and creating governance issues.
  • Misuse of Discretionary Powers: Discretionary powers have been used to favor central government interests rather than acting as an impartial constitutional authority.
  • Interference in State Administration: Governors have interfered in day-to-day state administration, disrupting the functioning of state governments and overstepping their constitutional mandate.
  • Frequent Removal of Governors: Frequent and arbitrary removal of governors by the central government has led to instability and weakened the office’s credibility.
  • Political Appointments: Appointment of politically affiliated individuals as governors has compromised the neutrality expected from the office.
  • Manipulation in Formation of Government: Governors have sometimes invited parties with insufficient majority to form the government, influencing political outcomes in favor of the central ruling party.

These misuses have eroded the constitutional sanctity of the Governor’s office, leading to calls for reforms to ensure its impartiality and effectiveness.

Impact on State-Centre Relations

  • Article 159 Oath: The Governor’s oath under Article 159 mandates preserving the Constitution and serving the State’s people, but ongoing disputes hinder this mission.
  • Service to Population: The continuous conflict is not benefiting West Bengal’s 10-crore population, raising serious concerns about the effectiveness of governance.
  • Questioning Governance: The Governor questioning the State government’s functioning and Ministers targeting the Governor is an unhealthy dynamic for effective governance.
  • State-Centre Tensions: The rift between Raj Bhavan and the State government has also strained State-Centre relations, complicating broader political and administrative dynamics.
  • Public Disputes: Public airing of disagreements between the Governor and the State government exacerbates tensions and distracts from crucial governance issues.
  • Call for Unity: Political observers suggest that the Governor and the State government should work together harmoniously rather than constantly opposing each other.
Judgement Related to Integrity of Office of Governor:

S.R. Bommai Judgment (1994)

This judgment stopped the arbitrary dismissal of state governments by the central government, ruling that the assembly floor, not the Governor’s opinion, should test the majority.

Venkatachaliah Commission (2002)

Governors should be appointed by a committee including the Prime Minister, Home Minister, Lok Sabha Speaker, and state Chief Minister. They should serve a full five-year term unless removed for proven misbehaviour. The central government should consult the Chief Minister before removing the Governor, who should not interfere in state administration but act as an advisor, using discretionary powers sparingly.

Rameshwar Prasad v. Union of India (2006)

The Supreme Court ruled that the Governor’s abuse of power in recommending Presidential rule is subject to judicial review, but did not address the issue of Governor’s immunity for extra-constitutional actions.

Punchhi Commission (2010)

The commission recommended removing the phrase “during the pleasure of the President” to prevent arbitrary removal, suggesting that governors be removed only by a state legislature resolution.

BP Singhal vs Union of India (2010)

The Supreme Court held that the President can remove a Governor at any time without reason, but the removal must not be arbitrary, capricious, or unreasonable.

Nabam Rebia vs Deputy Speaker (2016)

The Supreme Court ruled that Article 163 does not give the Governor a general discretionary power to act against or without the advice of his Council of Ministers, emphasizing the distinction between the Governor’s duties and functions.

Way Forward/ Recommendations for Resolution:

  • Step Back: Both the Governor and the State government need to step back from confrontations and focus on collaborative governance for the State’s benefit.
  • Complementary Roles: Instead of contradicting each other, the Governor and the State government should complement each other’s roles to enhance governance.
  • Avoid Public Criticism: It is unnecessary for the Governor to publicly criticize the State government on every issue, and the State government should not react defensively.
  • Settle Disputes: Disputes should be settled outside of courts to avoid prolonged legal battles and to focus on effective governance for the people.
  • Focus on Pressing Issues: There are more pressing issues in West Bengal that require the combined attention and cooperation of the State government and Raj Bhavan.
  • Work Unitedly: Both parties must prioritize working together for the welfare of West Bengal’s people, ensuring effective governance and addressing key developmental challenges.

Conclusion

The persistent rift between Raj Bhavan and the West Bengal government is creating substantial governance challenges. It is imperative for both parties to resolve their differences and work collaboratively to ensure effective governance, focusing on the welfare and development of the State’s populace.

Source:The Hindu

Mains Practice Question:

Discuss the implications of the ongoing conflict between the West Bengal government and the Governor on the State’s governance. Suggest measures to resolve such conflicts and ensure harmonious functioning between constitutional and political authorities.

Associated Article:

 https://universalinstitutions.com/states-vs-governors-the-need-for-clarity/