The Goa Governor S.C. Jamir dismissed the 32-month-old
Manohar Parrikar-led Bharatiya Janata Party coalition
government on Wednesday evening (2nd February 2005). The
irony is that this happened minutes after the Government
won the vote of confidence on the floor of the State
Legislative Assembly.
It makes mockery of our democracy.
The constitution respects the vote of confidence made
only on the floor of the assembly and no where else.
When this is the case, when a government demonstrated
the confidence of the House on the floor of the
Assembly, it was dismissed soon after that. Albeit
controversial, the vote of
confidence cannot be disregarded like this. If it is
controversial, there are mechanisms to address this. The
Governor first asked the government to prove its
strength on the floor of the House. And to enable this,
the Governor asked the Speaker to conduct the special
Assembly session and send him a report immediately on
the status of the majority enjoyed by the coalition
government led by BJP. Even if he was displeased with
the government on any other count, he has the only
option to convene the Assembly. He could have straight
away
invoked article 365 and dismissed the government if he
was displeased with the government in a 'not-so true
democracy' (as it has happened umpteen times in our
country). Instead, this Goa Governor made the Speaker to
convene the special Assembly session, but he did not
wait for the report from the Assembly. What is the hurry
for him to dismiss the government? The whole episode
conveys an impression that Governor had the doubt only
on the majority enjoyed by the coalition government in
the aftermath of resignation by few MLAs. And other
than this apprehension, he did not seem to have anything
else against this government. However, things took
dramatic turn and Governor wanted to dismiss this
government at any cost.
When the vote of confidence was in favour of the
government, what is the rationale to dismiss the
government? If the Governor is not happy with the rigour
of this exercise, he could have prescribed a way forward
to convince himself of the strength of the sitting
government 'again on the floor of the House'. He should
have dismissed the government only after clearly
establishing his belief to be the fact to the nation, if
he believed that this government
had lost the confidence of the House. Instead, he sends
a one-line order immediately after the vote of
confidence was polled in the Assembly, that reads as
follows: "In exercise of powers vested under Article
164(1) and other enabling provisions of the Constitution
of India, I, S.C. Jamir, Governor of the State of Goa,
do hereby withdraw my pleasure and accordingly dismiss
Shri.Manohar Parrikar as Chief Minister of the State of
Goa." This is a high handed
approach and nothing less than the murder of democracy.
This is not to say that the BJP led coalition government
established its strength beyond doubt. It is only argued
that the Governor has equal onus to prove to the country
that the government of the day has lost the confidence
of the House before he embarked onto dismissing it. The
governor had not only disregarded the House, but also
the entire nation and our democracy. It's a clear case
of violation of our Constitution.
It makes even the neutral citizens of this country to
suspect whether all these was pre-meditated. When the
crucial vote of confidence came up before the House in
the later half of the day and the opposition could vote
out the government, what was the need for the opposition
members to meet the Governor prior to this exercise? The
governor should not have entertained this discussion and
should have advised the Opposition to respect the
session and prove their point of view in the House. The
Governor could withdraw his pleasure only when the Chief
Minister loses the confidence of the House. This is the
only way we could preserve our Federal system. If the
Governor can get displeased with the sitting government
for no reason or without giving any reason, what is the
difference between the way the Nepal King dismissed his
government and the way the Goa governor dismissed the
elected government? All these days, we have been
vociferously suggesting that the strength of the
government should be proven to the President/Governor on
the floor of the Parliament/Assembly and not
anywhere else or through the letters or lists of
supporters. We even went to the extent of saying that
Raj Bhavan's are not the place to show the majority and
it is ONLY the Floor of the House which is the correct
place to prove the strength. But here is a case where
the vote of confidence happened on the floor of the
House but could not win the pleasure of the Governor. It
is a shame to all those who believe in democracy!
Once Mr. Venkataraman, our former President remarked
that President of this Nation is like an Emergency
Torch-Light which should go on only when the electricity
supply fails. He gave this analogy to convey a
significant point that only when things are going
glaringly wrong, the President should get into action.
Otherwise he must facilitate the functioning of
democracy by being a silent and meticulous observer.
This author pleads to our highly respected present
President Dr Kalam to ponder over whether such a
situation has come up today. He must order his
appointee, the Goa governor, to prove his action (to be
correct) to the whole nation. If he fails to do so, the
President must withdraw his pleasure towards the present
Goa Governor. The nation expects the Congress to
concentrate on nation building instead of playing its
age old tricks and games in subverting democracy.
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