‘Conflict between governors & elected govts affecting governance, federalism’

New Delhi: Opposition members in the Rajya Sabha on Friday expressed concern over differences between governors and elected governments, saying such conflicts affect governance and erode harmonious relationship between the Centre and states, and demanded changes in the way governors are appointed. Most of the time governors abide by the ruling dispensation at the Centre rather than constitutionalism, Congress MP L Hanumanthaiah said during a discussion on a private member’s Bill.

The Bill, moved by CPI(M) MP V Sivadasan, seeks amendments to constitutional provisions related to the appointment and term of office of governors to end “colonial-era indulgences”. Hanumanthaiah said, ‘The Supreme Court has expressed serious concern about the delays by governors in assenting to bills passed by the elected state legislators. This violates the constitutional provision and doctrine of constitutional morality. The fact that there is a conflict between the governor’s office and the elected government is a very sad part of democracy and a serious concern of democratic process.’

He said the conflicts between governors and state governments are affecting governance, eroding the harmonious relationship between the state and the Centre, and having an adverse impact on the governor’ office. ‘This union-state relation overall in the federal scheme of the Constitution is in the state of disequilibrium,’ he said. The Congress member said that the state must be consulted before a governor’s appointment by the Union government as recommended by the Sarkaria Commission.

‘This will ensure much-needed consultation between the central and state governments, thereby strengthening the relationship between both the governments in true spirit of federalism,’ he said.

Hanumanthaiah said the Supreme Court must direct the Union Ministry of Law and Justice to frame guidelines for the office of governor in consultation with the Law Commission of India to assent to bills on time to avoid unregulated delays in the future.He said the President should be empowered to recall the governors who fail to discharge their duties as per Article 200 of the Constitution related to giving assent to Bills. ‘Article 200 has become a serious concern,’ he said.Trinamool Congress MP Jawhar Sircar supported the Bill. He said the conflicts between governor and state government have been arising due to “one mischievous word -discretion’- in Article 163 of the Constitution.