DNA Edit: Kiran Bedi runs roughshod over constitutional practices

Puducherry Chief Minister V Narayanswamy and the Union Territory’s Lieutenant-Governor (L-G) Kiran Bedi have once again locked horns. Citing the former lady cop’s overreach in conducting administrative business, Puducherry MLAs across party lines have come together calling for a resolution on her recall.

With his turf cut to size, Narayanswamy is obviously seeing red and has levelled grave charges against her. The latest bone of contention is Bedi’s interference in the allotment of post-graduate medical seats in private colleges. Narayanswamy has objected to Bedi’s intrusion in what would otherwise be the domain of the elected executive.

The Chief Minister has also accused Bedi of paralysing the working of the government and of trying to garner publicity by posting allegedly confidential information on social media. In January, Bedi had outdone herself when she declared in an interview that she could opt to overlook the decision of the legislature depending on the nature of circumstances before her.

This, she claims, is her prerogative as per the existing laws, adding that the Chief Minister and his MLAs merely have legislative powers. Bedi is able to flex power from an unelected position because the Centre for long has remained non-committal to the demands of Union Territories for statehood.

Inevitably, and unfortunately, this has meant that the Lieutenant-Governor has come to exercise power surpassing the democratic mandate of voters in Union Territories. Delhi and Puducherry are two prime examples of Union Territories where there is little clarity on the real limits of the Lieutenant-Governor’s powers.

However, there still is a rich history of constitutional practices, where the discretionary power of the Lieutenant-Governor is exercised rarely but in key matters. Bedi, apparently, is not interested in that. This leaves little doubt on two counts. Firstly, Bedi needs to be educated, preferably immediately, on the federal structure of the Indian state as laid down by the Constitution. Secondly, Narayanswamy cannot be faulted for calling out Bedi for her dictatorial style.

Whether Bedi’s battle against the government is a just or an unjust one is completely besides the point to constitutional jurisprudence and her antics should not be allowed to hijack the strong checks and balance framework built into the Constitution.

It is for the higher-ups in the BJP to impress upon her the gravitas required of the office she is holding. She is not an elected representative of the people and any further interference in executive matters will symbolise an overruling of the mandate of the Puducherry electorate. It is only under the President’s rule that the Lieutenant-Governor comes into his/her own and assumes full executive power over the Union Territory.

In a situation short of that, the Lieutenant-Governor cannot supersede the decisions of the council of ministers. Bedi is subverting the democratic process and before she inflicts lasting damage, she should be stopped.