 "J P Rajkhowa")
When the country's Supreme Court said in July that a governor must keep away from disagreement or discontent within individual parties, not get embroiled in political controversies, it seemed clear that J P Rajkhowa, governor of Arunachal Pradesh, would have to go. A political crisis had gripped the state last year. It resulted in the overthrow of the Congress-led government, installation of one led by party rebel Kalikho Pul and then the reinstatement of the earlier government, on order of the SC. The five-judge Bench's verdict was a comment on the political system and the role of the authority who represents the central government and the President.
The SC talked tough. It said a governor must function within the constitutional framework. As an executive nominee, appointed through the President, the governor can issue orders on the functioning of a legislative Assembly only on the "aid and advice" of the chief minister and his council. It further ruled that as the governor was not an elected representative, he cannot have overriding authority over legislators chosen through a democratic process.
"Allowing the governor to overrule the resolve and determination of the state legislature or the state executive will not harmoniously augur with the strong democratic principles enshrined in the provisions of the Constitution," said the Bench, headed by J S Khehar.
The Bench found fault with every decision Rajkhowa took in causing the fall of Nabam Tuki's government. It said a "governor must keep clear of political horse trading and unsavoury political manipulations" during his work. It is against this background that Rajkhowa, a retired IAS officer of the 1968 batch and former chief secretary of the Assam government, says he will not resign. It is not clear whether anyone has asked him to - all he will say is that suggestions were made to him by a "friend" that it might be best if he stepped down on health grounds.
The present government appointed him as governor of Arunachal in June 2015. He replaced Lt Gen (Retd) Nirbhay Sharma, who in turn was transferred to the Raj Bhavan of Aizawl, capital of Mizoram.
When a section of Congress MLAs (18 in number) rebelled against then chief minister Nabam Tuki, the governor had to take a call. Rajkhowa gave a report to the Centre recommending President's Rule, citing deteriorating law and order, including the slaughter of a Mithun. The Tuki government bowed out and Kalikho Pul was sworn in. However, months later, the SC ruled the change was illegal. The Congress returned to power and Pul, dragged down by humiliation and debt, committed suicide.
A recent meeting of the home minister with the President has led to speculation that after the SC's rap on the governor's role, the Centre would recall him. Rajkhowa has said, however, that he will not resign because he did nothing wrong. He said he had been ill but that is no ground for seeking his resignation. It is the Centre that has to make the next move. Will it recall him? If it does, it might be construed as helping him to overthrow a legally elected government. One awaits the next move.
