Comment

For all those who are eagerly looking forward to a huge confrontation between the governor and the BJP government, here is a sobering thought.There will be skirmishes that are political in nature, largely based on technicalities. But it is difficult to anticipate that it would lead to a showdown.

Surely, you cannot expect a seasoned lawyer, a former law minister and a Congressman to boot, to simply let pass an opportunity to tick off the BJP even though, as governor, he has to own the government as “My government”. That is exactly what HR Bharadwaj has done more than once; causing some discomfiture to the chief minister.

If, in the first instance, he returned an ordinance for reconsideration, it appears he now does not want to blindly accept the recommendations of the chief minister, whether it is nominating members to the legislative council or appointing a vice chancellor.

In its anxiety to find a magic wand to win the BBMP elections, at a stage when elections appeared reasonably certain, the government proposed an ordinance to regularise irregular buildings in the city; a step widely anticipated by all those who have some irregularity to be condoned.

The governor sent it back on the ground that it was best if it was first discussed in the legislature which had passed a bill earlier. The ordinance was aimed at amending that particular bill and the governor thought the legislature ought to have its view on that beforehand. In this particular case, the cabinet could have probably asserted its right, by going through motions of considering governor’s suggestion, but insisting that the ordinance be promulgated.

Our constitution not only provides enough checks and balances between various arms but also clearly draws the line of each one’s powers as well. In the scheme of things, while the governor has a right to return a bill passed by the legislature or an ordinance proposed by the cabinet, he has no choice but to accept the recommendation of the legislature or the cabinet once either of the two bodies, as the case may be, do reconsider but reject his suggestion.

There have been many such precedents but BS Yeddyurappa probably thought no purpose would be served in pushing the case beyond a point. In any case, civic polls will not be possible before the legislature meets in a few weeks from now. So, Akrama-Sakrama can wait.

The case of Somanna, whose nomination to the legislative council the governor objected, seems slightly different. Because it concerns nomination to the legislature, he may have to exercise some discretion in this case. Legal experts will argue that the governor really has no discretionary powers and that he is only expected to keep an eagle’s eye to ensure that everything is within the bounds of the constitution. However, in the process of doing so, it is eminently possible for a governor to disagree with a chief minister.

Nominations to the legislative council concern not so much the government but the legislature. On that score, the governor is on a pretty strong wicket for two reasons. First, nominations are generally made from specific categories so that the upper house has the benefit of worldly experience and wisdom of eminent persons. The second, and more obvious, reason was that this was a clear case of backdoor entry into corridors of power.

There are, of course, many such examples from the past but probably none as blatant as this and the governor certainly has a right to frown upon such practices, even if he is bound by the constitution to finally accept the advice of the cabinet.

Some guys are really lucky and Somanna can be counted among those. He has, for long, always been part of the ruling establishment. That establishment may have been the Congress, the Janata Dal or the BJP at different times. Parties do not matter to him. To that extent he is completely open minded, drawn to a fold more by the allure of power than ideology. No pretence there at all; simple, plain and unadulterated power politics.