It is difficult to agree with your support for Karnataka Governor H R Bhardwaj in the editorial “Mr Yeddyurappa in the dock” (January 25). It may be recalled that in an identical case of corruption against Maharashtra Chief Minister A R Antulay, the then governor did not sanction his prosecution. It was public pressure that forced Mr Antulay’s exit. It is beyond doubt that Mr Bhardwaj would also have not sanctioned prosecution of the chief minister in an identical case had there been a Congress government in the state.
Union Home Minister P Chidambaram has erred in declaring that the governor has acted in accordance with the law. Could anybody have expected the UPA home minister to criticise a former UPA minister and partyman? What Mr Chidambaram needs to recall is the Supreme Court’s observation that even though the governor can act at his own discretion, the issue of sanction should first be considered by the Cabinet. Mr Bhardwaj committed constitutional and legal impropriety by not sending the case for Cabinet’s consideration.
The governor acted with questionable haste in disposing of the petition given by the lawyers in less than three weeks and sanctioning the prosecution of the chief minister when a state-appointed commission headed by a retired judge was looking into the allegations and the outcome was awaited. The fact that the two lawyers who sought sanction for Mr Yeddyurappa’s prosecution on corruption charges are reported to be linked closely with former prime minister H D Deve Gowda’s party Janata Dal Secular, which is a Congress ally in the state, makes Mr Bhardwaj’s action look more politically motivated than an earnest attempt to take on corruption.
Politicising the constitutional post of governor and the incumbents appointed by the Centre to protect the interests of the party in power doesn’t augur well for our federal democracy. It leads to a Centre-state confrontation and may further result in a constitutional crisis if governors start following Bhardwaj’s example. Those holding constitutional posts must be above party politics and exercise their powers with utmost restraint, fairness and transparency. The Karnataka episode has underlined the need for reforms in appointing governors. Those in power at the Centre should not be free to fill Raj Bhawans with party loyalists.
M C Joshi, Lucknow