New Delhi, October 7
In a significant development, Left parties today called for a wider debate on the role of Governors and the misuse of Article 356 on a day when the Supreme Court held the dissolution of the Bihar Assembly as "unconstitutional."
"The larger implication of the Supreme Court order is that we should have a wider debate on the role of Governor, his functioning in a democratic set up and misuse of Article 356 by different governments over the years," Ms Brinda Karat, CPM Politburo member and Rajya Sabha MP told The Tribune.
The CPM's reaction on a day when the Supreme Court has dealt a major blow to the Manmohan Singh government would have serious implications.
With the Communists likely to join the UPA-Left Coordination Committee soon, following Ms Sonia Gandhi's written communication that the BHEL disinvestment has been kept in abeyance, the role of Governor will figure prominently in discussions.
The Left parties have been one of the vocal critiques of the Article 356 as the Communist-ruled Kerala Government was the first state to be dismissed by the Centre using Article 356. Since Independence, on more than 90 occasions successive governments at the Centre have misused the Article 356 to dismiss state governments.
CPM General Secretary Prakash Karat had stated the Article 356 should not continue in the present form. It should be amended in such a way that a state government can be removed only in the case of a grave threat to national unity arising from the actions of state governments or a separatists movements by that government.
In situations when there is a hung Assembly and post election, alliance cannot be formed, then he said, these situations do not strictly fall under Article 356. Some other guidelines and methods that Governors should follow needs to be worked out.
The Supreme Court order has also thrown up the question of "partisan" role of Governor. The Sarkaria Commission, which went in depth into Centre-state relations, said people in active politics, like leaders of the ruling parties, should not be appointed as Governors.
The National Commission to Review the Working of the Constitution (NCWRC) said the President in consultation with the Chief Minister of the concerned state must appoint the Governor.
