It will be interesting if one looks at the Constitution objectively with reference to Governor’s duties and powers in the ever-changing political scenario
Published Date – 11:45 PM, Tue – 26 September 23
By Vanam Jwala Narasimha Rao
In two recent letters addressed to Telangana Chief Minister K Chandrashekhar Rao and State Chief Secretary A Santhi Kumari, Governor Tamilisai Soundararajan, as predicted by some political analysts, rejected to clear names of Dr Dasoju Sravan and Kurra Satyanarayana for nomination to State Legislative Council under Governor’s quota. Sravan is a multifaceted socio-political activist committed to Telangana’s transformation since the days of the second phase of the separate statehood movement. He is also known for his visionary professional development, academics, corporate human resource innovations, mentoring skills, writing proficiency, filmmaking, acting, media analysis and advocacy for the voiceless. Equally competent and eligible is another candidate, Kurra Satyanarayana.
Constitutional Provisions
The Governor rejected their nominations despite the State Cabinet decision, which normally is binding on the Governor, citing a couple of constitutional provisions. These include the nominees’ ‘active participation in politics,’ corporate and academic sectors only, but did not include any special achievements in literature, arts, science, cooperative movement and social service, which make them ineligible. The Governor also mentioned the absence of proper documentation in support of proof of fulfilment of constitutional criteria. And hence, it would be inappropriate for her to consider and nominate them as Members of the Legislative Council.
The Governor further made a mention that there are ‘several eminent non-politically affiliated people recognised in the State fulfilling the requisites prescribed under Article 171(5) of the Constitution,’ probably hinting at considering choosing from among them! It may be true that for any position, there would be several eligible aspirants, but accommodating all in one go is not possible until their turn comes. The Governor’s decision is seen in intellectual and political circles as, ‘stirring up yet another political controversy ahead of the Assembly Elections.’
Pertinent Questions
There were strong protests from the BRS leadership against the decision of the Governor and from the BJP leadership in defence of her decision. These lead to several pertinent questions and ponderable valid issues arising out of this development.
The first and foremost is, in a democratic polity, can there be even a remote prospect to delink politics with other professions, be it social work, academic engagement, legal, medical, engineering, agricultural professions etc, not to speak of several other small and big trades? There are many in this country and abroad who in and out of politics engage themselves in some of the above said professions, and some even while in politics and occupying higher positions, including elected posts.
There shall not be a restriction for a ‘political activist,’ to carry on social, academic, professional and service activities among others while being in active politics. There shall not be a ‘static, orthodox and unacceptable’ interpretation of provisions quoted in the Constitution that come in the way of ‘progress’ and ‘career development’ of any individual, not to speak of those who belong to Backward Classes. Constitutional provisions shall be ‘dynamic.’ Social work and politics have sometimes distinct and sometimes similar roles and purposes. Both are not mutually exclusive. Social workers may engage in ‘advocacy and lobbying’ to influence ‘policy changes.’ Politicians may work to address social issues and vice versa through legislation. The two fields often intersect when addressing complex social problems and striving for societal improvements for the betterment of society.
There are distinguished politicians who are excelling in social work in India. Nothing prevented them from being in ‘active politics’ and also in ‘active social work.’ Dr Achyuta Samanta, Lok Sabha Member from Kandhamal in Odisha, a noted educationist and philanthropist, and founder of world-class institutions, is a classic example. Besides education and uplift of tribals, healthcare and rural development, Dr Samanta has contributed to art, culture, literature, film, media, society and national integration. ‘Active politics and active social work are symbiotic’ if one understands it.
In the ever-changing scenario of needs, desires, values and demands of society, the Constitution of any democratic country, including that of India, cannot remain static. It should be alive, dynamic and keep on changing to suit the present-day conditions, keeping the basic structure intact. Similarly, ‘constitutional conventions’ are rules of good political behaviour and are typically rules of self-restraint, not merely ‘exercising powers.’ The Constitution’s spirit is the Preamble, the guiding spirit for India and the touchstone of basic features of the Constitution.
Maintaining Relationship
Those occupying constitutional positions, like that of Governor, may glance into the genesis and evolution of British monarch that can be compared with the Rashtrapati of India whose relationship with the Prime Minister is akin to that of Governor and Chief Minister in the States. Constitutional provisions can be conveniently or inconveniently interpreted but conventions go a long way in maintaining relationships. It is ‘relationship’ that is important and certainly not ‘constitutional provisions’ always. If once relationship is breached, then provisions have hardly any meaning and relevance in a democratic polity.
In this context, or even otherwise, it would be interesting if one looks at the Constitution objectively with reference to the Governor’s duties, responsibilities and powers in the ever-changing political scenario. Framers of the Constitution resolved that under the constitutional scheme of things, the Governor was to be only a formal constitutional head with strictly limited powers in the discharge of almost all his or her functions.
The words in Article 163 that ‘there shall be Council of Ministers to advise the Governor in the exercise of his or her functions’ means that the Governor shall act (necessarily follow) on the advice of the Council of Ministers only. The Governor thus emerged as a nominal, titular, constitutional head appointed by the President of India, heading his or her government.
The inference of all this is, against the backdrop of constitutional spirit, reconsidering of nominating Dr Dasoju Sravan and Kurra Satyanarayana as Members of Legislative Council, in accordance with the Cabinet’s recommendations, is appropriate and legitimate. Hence, a second, fresh and favourable thought may be given by the Governor in this direction.
Social work is a broad profession that intersects with several disciplines and, of late, more with politics. The study of Political Sociology, which is an interdisciplinary field concerned with exploring how governance and society interact and influence each other at the micro to macro levels, will make one understand better the broad contours of the relationship between ‘active politics and active social work.’
Like politics, which is not only a mere institution of governance but also a mechanism for achieving societal goals, social work too is a mechanism for achieving societal goals. Social work and politics are practice-based professions to promote social change and development, social cohesion, empowerment and liberation of people. The political activity of social activists takes place in the broader context of social justice as one of the core values. Hence a ‘political activist,’ who is also a ‘social activist’ is one hundred per cent eligible for nomination as MLC.
