THE CONTEXT: The growing tension between West Bengal Governor C.V. Ananda Bose and the state government has peaked as Governor Bose requested a report on the measures taken against two police officers. Governor Bose alleges that the officers engaged in misconduct during an inquiry into a harassment accusation against him, which he insists is a fabricated claim. This development has heightened the conflict between Raj Bhavan and the State government, illustrating rifts between the government and the State administration.
THE ISSUES:
- Conflict Between Governor and State Government: West Bengal Governor C.V. Ananda Bose has heightened tensions with the State government by requesting a report on the measures taken concerning two police officers citing conduct and mishandling of a sexual harassment complaint lodged against him.
- Governor’s Immunity Under Article 361: The Governor is protected from facing charges due to Article 361 of the Constitution, which has caused complications in dealing with a sexual harassment complaint filed by an employee at Raj Bhavan. This immunity has resulted in a deadlock, with the Governor arguing that police officers breached conduct rules by discussing an inquiry that cannot be conducted against him.
- Allegations of Police Misconduct: Governor Bose has claimed that Kolkata City Police Commissioner Vineet Goyal and Deputy Commissioner Indira Mukherjee are spreading accusations against him. He has also raised issues about the police obstructing a group of individuals with concerns regarding election violence from discussing with him.
- Legitimate Concerns Over Law and Order: The Governor has expressed worries about instances of mob violence in the state, such as a woman being publicly stripped and a couple being physically punished. He has requested information on the measures the state government took to tackle these occurrences.
- Broader Political and Institutional Conflict: There is a clash between the Governor and the Chief Minister, which mirrors a trend of conflict between Governors and state governments in India. This encompasses disputes about approving bills, swearing in elected lawmakers, and various administrative conflicts.
THE WAY FORWARD:
- Strengthening the Role and Accountability of Governors: The Sarkaria Commission in 1988 suggested that Governors should serve as a link between the State governments, using their powers wisely and sparingly. According to the Venkatachaliah Commission in 2002, the selection of Governors should be overseen by a committee consisting of the Prime Minister, Home Minister, Lok Sabha Speaker, and Chief Minister of the state to ensure a credible appointment process.
- Clarifying the Immunity of Governors: While Governors are protected from cases while in office, this protection should not be unlimited in severe allegations like sexual harassment. The Supreme Court should establish guidelines to balance immunity and accountability. As seen in the Rameshwar Prasad v. Union of India (2006) case, the Supreme Court ruled that a Governor’s conduct can be reviewed by the judiciary if it appears arbitrary or driven by motives.
- Improving Centre-State Relations: The Sarkaria Commission suggested that Governors should promote harmony between the Centre and states rather than acting as representatives of the Centre. It was highlighted that the Centre should seek input from Chief Ministers when appointing or dismissing a Governor. The judiciary has stressed the importance of Governors adhering to boundaries and refraining from exceeding their authority.
- Addressing Administrative and Police Conduct: Police officers must follow the rules regarding behavior and discipline to avoid exceeding their authority in certain situations. The West Bengal Police Act of 2007 defines the responsibilities and behavior that police officers should uphold, highlighting the importance of fairness and protocol compliance.
- Judicial Oversight and Reforms: The legal system must maintain its function in settling conflicts between the Governor and the State government, guaranteeing the preservation of values. Recent rulings by the Supreme Court have been instrumental in defining the boundaries of the Governor’s authority. In State of Punjab vs Principal Secretary to the Governor of Punjab (2023) judgment clarified the procedural aspects of the Governor’s assent to bills. It emphasized the legislative supremacy in a parliamentary democracy.
THE CONCLUSION:
The current dispute between Governor C.V. Ananda Bose and the government of West Bengal highlights conflicts between governors and chief ministers at institutional levels. This scenario emphasizes the importance of officials showing restraint to prevent escalating disagreements. As the deadlock persists, both parties should work towards a solution that respects governance principles and prevents politicizing the Governor’s residence.
UPSC PAST YEAR QUESTION:
Q. Discuss the essential conditions for exercising the legislative powers by the Governor. Discuss the legality of the re-promulgation of ordinances by the Governor without placing them before the Legislature. 2022
MAINS PRACTICE QUESTION:
Q. Discuss the constitutional and administrative implications of the ongoing conflict between the West Bengal Governor and the State government, focusing on the roles and powers of the Governor under the Indian Constitution.
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