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02 Окт 2014

Do we need the office of the Governor

Designer Fake Bags Among all the players who strutted and fretted across the stage during the recently concluded Karnataka elections, it is the Governor of the State, Vajubhai Vala, who emerged with least credit to his name. His decision to first invite the Bharatiya Janata Party replica bags from china (BJP) to take a stab at forming high quality replica bags the government was perhaps a legitimate exercise of his constitutional discretion (albeit without any recorded reasons for ignoring the post poll Congress Janata Dal (Secular) alliance's claims to having an absolute majority). the next day, ostensibly to ward off any judicial challenges, and present a fait accompli. Yeddyurappa 15 days replica bags online to prove his majority, when the latter himself bag replica high quality asked for only a week, was troubling enough for the Supreme Court to intervene and order an immediate floor test. best replica designer Bopaiah as Pro Tem Speaker to conduct the floor test, when the replica wallets latter had been castigated by the Supreme Court in 2011 for partisan conduct (although this time the Court chose not to intervene). All of these, however, are patchwork solutions that miss the point: the flaw lies not with the identity of the individual who occupies the post, but in the design of the Constitution buy replica bags itself. If we cheap designer bags replica want to put an end to the continuous misuse of the Raj Bhavan for partisan political ends in a manner that threatens both federalism and democracy, we have to rethink the role of the Governor in the constitutional scheme. Designer Fake Bags

Fake Designer Bags To do that, it best replica bags is important to understand the origins of the office in the colonial British regime. Through the course of the early 20th century, the Indian nationalist movement managed to extract gradual and incremental reforms towards responsible government from the British rulers. These reforms culminated in the Government of India Act, 1935 which established provincial legislative best replica bags assemblies elected from a limited franchise. Fake Designer Bags

high quality replica handbags However, in order to ensure that overriding power remained replica bags buy online with the British, the Act retained the post of Governor (a holdover from the old, «diarchy» system), luxury replica bags and vested him with «special responsibilities» that, in essence, allowed for intervention at will. Shah (who was later one of the most articulate members of the Constituent Assembly, or CA), wrote that the Governor would inevitably be biased in his functioning, and his actions would remain at odds with those of popularly elected Ministers. high quality replica handbags

aaa replica designer handbags Despite the nationalist movement's bitter experience with Governors over almost three best replica designer bags decades, the CA chose to retain the post, and continue to replica designer bags vest it with discretionary power. 7a replica bags wholesale During CA debates, it was pointed out that the Articles dealing with the powers of the Governor were almost verbatim reproductions of the 1935 designer replica luggage Act. Defenders of the office raised two broad arguments: first, that there was a dearth of competent legislators in the States; and second, that a certain amount of centralisation of power was necessary in a nascent state such as India. Concerned members of replica designer bags wholesale the CA were assured that the Governor would remain only a constitutional post, and would have no power to interfere in the day to day administration of the State. However, when Rohini Kumar Chaudhari raised a particularly prescient concern about the Governor's powers to «form the first Ministry» and call buy replica bags online upon «anyone, whether he has a big majority or a substantial minority», this was brushed aside by saying that a no confidence motion could soon resolve such issues. aaa replica designer handbags

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Replica Bags The CA debates around the office of the Governor reveal an important point. The Constitution was the culmination of the democratic aspirations of the people, and its major pillars universal adult suffrage, the parliamentary system, fundamental rights are all expressions of those aspirations. But there were also moments where the framers lacked the courage of best replica bags online their convictions. If granting universal adult suffrage at one stroke was a leap of faith, then at other places, driven by concerns about maintaining national integrity and preventing disintegration in the teeth of the trauma of Partition, the framers pulled up short. They were committed to federalism but not too much federalism, for fear of secession; they were committed to popular democracy, but also wanted to retain some manner replica bags china of control, lest democracy unleash the kinds of passions that would trigger its own destruction. The office of the Governor represented one such «choke point» in the Constitution (ordinances and emergencies are others), where federalism and the popular will were to be kept in check from above, if the occasion ever arose. Replica Bags

Designer Replica Bags The occasion arose very soon. Soon after the first general elections, the State of Madras went to the polls in 1952. In a 375 member Assembly, the United Democratic Front (UDF), a coalition of parties, held 166 seats. The Congress finished with 152. Designer Replica Bags

Replica Handbags The Governor, Sri Prakasa, ignored the UDF's claim to form the government, and instead invited the Congress, which did form the government with Rajaji as Chief Minister, after engineering several splits and defections (including through offers of cabinet posts). Kannabiran, writes that «on this act of impropriety Rajaji became the chief minister of the first Congress government after Independence.» Rohini Kumar Chaudhari's fears had come true, and the justification was eerily similar: high quality designer replica the UDF's communist orientation rendered it ineligible high replica bags to govern (no matter how the people voted), and it was incumbent upon the government to ensure an orderly government. And so it has been ever thus. Replica Handbags

cheap replica handbags The purpose of this history is good quality replica bags not to draw an equivalence between 1952 replica designer backpacks and 2018, or to suggest that the sins of the past justify sinning in the present. It is to demonstrate that the post of the Governor, by constitutional design, acts as a replica bags check upon both federalism and popular democracy. And even though the framers insisted that it was only a «constitutional post», Karnataka has just been the most recent example demonstrating that the Governor has enough discretion to skew the political process in the direction that the Central government desires. cheap replica handbags

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Replica Designer Handbags Perhaps we are not in a position to judge the wisdom of the framers' choice in 1950, when they were driven by imperatives we can no longer assess. But we are certainly in a position to judge the wisdom of continuing with this in 2018: the idea of the Governor standing as a bulwark against secessionism, or providing legislative expertise to States otherwise starved of it, are no longer valid justifications. On the other hand, the Governor's interference with the democratic process is both real and continuing. As history shows, the solution is not to tinker around the edges, or hope that the courts will come to our rescue. It is to ask whether the constitutional «choke point» of the Governor serves any valid purpose in 2018 and if not, whether it should continue to exist. Would it not be better, for example, to clearly specify the rules governing government formation in aaa replica bags the Constitution itself, and reduce swearing in to a purely ceremonial action, to be performed by the Chief Justice of the relevant High Court? This or any other potential solution that does away with the «choke point» is what must now be debated Replica Designer Handbags.

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