Thursday, June 29, 2023

Constitution of India; Relationship between Center and States and post of Governor.


 There are reasons to say that Indian constitution is one of the best constitutions in the world. Our constitution has clearly stated how the federal system should work for India's democracy to succeed. Thus we can see the rules governing this system in the constitution.

India is culturally and socially a confederation of many countries. Like the United State of America.. Every state here has its own language, culture, heritage, literature.. A state in North India cannot be compared with a state in the South. North Eastern states are different from other states of the country. There are vast differences between the Eastern and Western states. Keeping them all together is not an easy task. For this reason it can be said that it is a confederation comprising many countries.

While drafting the constitution of our country, Dr. Ambedkar took all this seriously. Besides Ambedkar Samaj Vijnani, he also studied the geographical and cultural diversity of India along with its cultural heritage.

There was also a question among the politicians of that time as to what should be the political system here after we accepted parliamentary democracy. In this matter, Jawaharlal Nehru, Mahatma Gandhi and Sardar Patel were also committed to maintaining unity in diversity. He also believed that if the diversity of this country is not maintained, it is not possible to maintain the unity. The biggest question and challenge that has arisen in this context is what should be the relationship between the state and the centre. There was a need to make a clear decision about the powers and duties of the Central Government and the powers and duties of the State Governments. It is for this reason that state list, central list and concurrent list of both state and center were prepared. Its basic objective is that the government elected by the people in the states should work independently. Centrally elected government should not be oppressed. Accordingly, the central control should be on the elected government selected in the states.. The states should not take a decision against the interest of the country.. Thus, the governor appointed by the president should be the first citizen of the respective states.. But the governor has no independent power. Although the governor has been given the power to appoint the ministers of the respective states, he cannot do this job independently unless he has to make this appointment on the recommendation of the elected chief minister. All the orders of the state government are executed in the name of the governor, but the governor has no role in it.

Within a few years of independence, this system ran into practical problems.. There was no problem when there was a single party government at the center and the states. But when there are different governments at the center and the states? The problem of misusing the office of the central governor has already started.. The attempt to destabilize the government of the opposition party in the states has also started.

It reached the point where the Governor was criticized as a rubber stamp of the Centre.. Due to this kind of behavior of the Congress governments there were intense debates about the relationship between the Center and the States.. It reached the point of questioning the need for a rubber stamp Governor. There are also many examples used. But Congress, which started power-centered politics in this country, never thought that it was an anti-constitutional move. Never thought that the constitution was being insulted.

Now let's come to the issue of BJP. After the Narendra Modi-led government came to power in the country, it became imperative to think about this. The tradition of using the unconstitutional office of the governor for political gain has reached another level of controlling the governor over the states ruled by the opposition party. We can give many examples for this.. but today I am taking only the example of Tamil Nadu.

RN Ravi, who was appointed by the Center as the Governor of Tamil Nadu. Several decisions taken by him have led to controversy. Is Ravi going against the orders of the Supreme Court that the post of Governor should not be used for political reasons? The state government has been accused of not giving its consent to the bills which were passed in the Legislative Assembly and sent to the Governor for approval. The Tamil Nadu Legislative Assembly had to pass a resolution in this regard. Ravi, who has worked in intelligence agencies, was asked whether he is working as an intelligence officer of the central government even after becoming the governor.

The latest development is even more shocking. The case of blowing up the hopes of the constitution.. Chief Minister M.K. A member of Stalin's cabinet was V. Senthil Balaji. Rajaipala Ravi dismissed him from the cabinet on the grounds that there was an allegation against him. But according to Article 164 (1) of the Constitution, it is the prerogative of the Chief Minister to appoint or remove any person as a minister. It is the job of the Governor to appoint or remove ministers on the advice of the Chief Minister. But in this case, But in this case, Governor Ravi has violated the rules of the Constitution. The Constitutional Bench of this Supreme Court should take a decision on this. Now this is the only way.. The power of the Governor is only to advise the Cabinet. not to decide for themselves,

Ravi worked in CBI.. he was appointed as Governor by central government and he should have known about Indian constitution, relationship between state and centre, governor's rights and duties.. but he has not done so.

In such a situation work has to be done to preserve the dignity of the office of the Governor under the Constitution.. otherwise the Constitution of India will remain only a text in writing.

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ಪ್ರತಿ ಪಕ್ಷದ ನಾಯಕನ ಆಯ್ಕೆ ಯಾಕಿಲ್ಲ ? ರಾಜ್ಯ ಬಿಜೆಪಿ ಬಿಕ್ಕಟ್ಟಿನಿಂದ ಕಂಗಾಲಾಗಿದೆಯೆ ಹೈಕಮಾಂಡ್ ? ಪಕ್ಷವನ್ನು ಸೋಲಿಸಿದ ಕರ್ನಾಟಕದ ಮೇಲೆಯೇ ಕಡುಕೋಪ ?

ರಾಜ್ಯ ವಿಧಾನ ಮಂಡಲದ ಅಧಿವೇಶನ ಪ್ರಾರಂಭವಾಗಿ ಒಂದು ವಾರವಾಗಿದೆ. ಮುಖ್ಯಮಂತ್ರಿ ಸಿದ್ದರಾಮಯ್ಯ ೨೦೨೩ ಮತ್ತು ೨೪ ನೆಯ ಸಾಲಿನ ಮುಂಗಡ ಪತ್ರವನ್ನು ಮಂಡಿಸಿ ಆಗಿದೆ. ಈ ಬಗ್ಗೆ ...