Prof K Nageshwar- Rajasthan Gov’s Actions: Travesty Of Constitution

The Supreme Court of India in the historic SR Bommai verdict clearly stated that the majority of a government can only be tested on the floor of the house. Even the Sarkaria commission recommended the same.

The apex court in several of its subsequent judgments, has explicitly stated the need for floor test at the earliest to verify whether a council of ministers headed by the chief minister enjoys the confidence of legislature or not.

The revolt of Sachin Pilot led 18 congress MLAs has necessitated such a floor test to establish Ashok Gehlot government. Thus, the chief minister of Rajasthan, urged the Governor to convene the legislature for taking a floor test.

The cabinet resolution to this effect has already been forwarded to the Raj Bhawan. Surprisingly, Rajasthan Governor, Kalraj Mishra is delaying the summoning of the house on some or other excuses. This is essentially to delay the floor test so that few more congress MLAs defect to the dissident camp as the chief minister at present enjoys a wafer thin majority.

It is true that as per Article 174(1) of the Constitution, “the Governor shall from time to time summon the House or each House of the Legislature of the State to meet at such time and place as he thinks fit…”.

But, the five-judge Constitution Bench judgment of the Supreme Court in Nabam Rebia versus Deputy Speaker on July 13, 2016 held that a Governor cannot employ his ‘discretion’, and should strictly abide by the “aid and advice” of the Cabinet to summon the House.

The judgment further said, “It is an accepted principle that in a parliamentary democracy with a responsible form of government, the powers of the Governor as Constitutional or formal head of the State should not be enlarged at the cost of the real executive, viz. the Council of Ministers,” .
Article 163 of the Constitution does not give the Governor a “general discretionary power to act against or without the advice of his Council of Ministers”.

Governor’s discretionary powers are limited to specified areas like giving assent or withholding/referring a Bill to the President or appointment of a Chief Minister or dismissal of a government which has lost confidence of the house but refuses to quit, etc.

“The area for the exercise of his discretion is limited. Even in this limited area, his [Governor’s] choice of action should not be arbitrary or fanciful. It must be a choice dictated by reason, actuated by good faith and tempered by caution,” the court added.

It’s worth recalling the words of BR Ambedkar in his address to the constituent assembly where he clearly clarified that, Governor is only a constitutional representative, but not a political agent of the party in power at the centre.

Thus, Rajasthan governor stretching his discretion beyond constitutionally stipulated, judicially interpreted limits is nothing but travesty of democracy.

By – Prof K Nageshwar