Constitutional institutions must not lose their dignity
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The news that Rajendra Vishwanath Arlekar, days before ending his tenure as Kerala Governor, had submitted a recommendation to President Draupadi Murmu seeking the removal of Kerala Public Service Commission (PSC) Chairman Dr M.R. Baiju and its members has triggered a fresh controversy. The Governor made this unusual move just a week before demitting office. Reports suggest that the Governor acted on the basis of a report submitted by the Crime Branch's special investigation team in connection with irregularities in the Planning Board examination, as well as complaints filed by certain organisations regarding the appointments. Although the Governor is the appointing authority for the PSC chairman and members, only the President has the power to remove them from office, prompting the Governor to submit the recommendation to the President. The Chief Minister's silence and the reactions of some ministers indicate that the government was unaware of the Governor's move. Leaders of the LDF, which appointed the current office-bearers during its previous tenure, view the move as part of the political games being played by the BJP, which leads the Union government, through Governors. Several organisations, including the RSS-affiliated student outfit ABVP, Yuva Morcha, the Save University Campaign Committee and the Youth Congress, had also filed complaints. The BJP's state leadership met the Governor and directly lodged its complaint. The Governor acted after seeking legal advice on the possible course of action in response to these complaints. The Governor's intervention came to light shortly after the Kerala High Court strongly criticised the Crime Branch investigation into the PSC examination irregularities on Saturday, observing that the probe was dragging on without even questioning the PSC chairman.
As in the case of the Governor, the authority to take action against members of the PSC, a constitutional body, rests with the President and that is to be based on a report submitted following an inquiry by the Supreme Court. The constitutional powers of a state Governor must be exercised with the knowledge and approval of the state government and the Cabinet. Both when Arlekar summoned the Secretary earlier and intervened in the matter, and when he took the extraordinary step now, he kept the Cabinet in the dark. Arlekar had left several matters to his successor, O.P. Mathur, including a complaint seeking the disqualification of Mani C. Kappan as a member of the Legislative Assembly and a government file seeking permission to initiate a case against former minister Abdurahiman in connection with the Messi controversy. Yet, on the third day after learning of his own transfer, he hastily took a decision on the PSC issue without informing the state government. This cannot be viewed as a proper and timely exercise of authority. The complaint prepared by Yuva Morcha, a BJP-affiliated organisation, with the support of its parent organisation and the assistance of senior advocates, was lodged to make it appear legally valid and attached to the recommendation submitted to the President. This, too, may not have been merely a procedural step based on the merits of the case.
It was only recently that a controversy erupted in neighbouring Karnataka after Governor Thawar Chand Gehlot recommended to the President the removal of PSC Chairman Shivashankarappa Sahukar, who faced allegations of examination question paper leaks and nepotism, and suspended him without waiting for a response. The High Court quashed the Governor’s order on the grounds that he had not sought the state government’s advice. Later, after the Karnataka Cabinet recommended action, Governor Gehlot suspended Sahukar in a “legally valid” manner. Arlekar’s move in Kerala, too, was made without the state government’s knowledge. The Constitution and the law lay down certain norms to ensure healthy relations between the Union government and the states. In recent times, however, BJP-controlled Raj Bhavans have been adopting an unabashed approach to implementing their own political agendas, even at the cost of violating these norms. Former Governors Arif Mohammad Khan and, subsequently, R.V. Arlekar have been among those who took the lead in this “political confrontation”. Meanwhile, the stance of the opposition LDF, which loudly proclaims the dignity and supremacy of a constitutional institution while concealing all the wrongdoings committed under its watch, can only be described as ridiculous. Its own vigilance committee had found in its investigation report that serious irregularities had been committed, undermining the dignity of the PSC.
The public can see through the hypocrisy of invoking the dignity and constitutional status of the institution only when investigations are under way into wrongdoing, despite having shown no such concern when irregularities and corruption were allegedly carried out on a large scale to favour relatives and party members in around ten examinations, including the Planning Board examination. The public has just one message: everyone entrusted with running constitutional institutions, including the government, the Governor’s office and the PSC, has a responsibility to safeguard their sanctity. The state government must take the initiative to bring to justice those who tarnish their integrity. The political and administrative leadership must show the resolve to put an end to the 'bhai-bhai' collusion highlighted by the High Court in connection with the irregularities and corruption it has flagged.