NEWLY APPOINTED ODISHA GOVERNOR Braj Mohan Ram blatantly displayed his partisan approach by brazenly stating that that he would work to strengthen the BJP’s organisation in the State and endeavour to get more votes for the BJP. This is in violation of the oath a Governor takes under Article 159 of the Constitution to “preserve, protect and defend the Constitution and the law and …. devote myself to the service and well-being of the people of the State”. Braj Mohan’s outrageous remarks unmistakably signal his malafide intention to violate the Constitution which he would be oath bound to “preserve, protect and defend.”
Legislative Intent of the Constituent Assembly
On May 30, 1949, when the Constituent Assembly was discussing draft Article 129 of the Constitution (now Article 153) providing that “There shall be a Governor for each State” a distinguished member of the Assembly H V Kamath remarked “It is an admitted fact that one of the essentials of successful cabinet government in a province or in the country as a whole is the existence of a fairly impartial constitutional head, who is more or less a symbol or a constitutional figure-head.”
A day later on May 31, 1949, when the Assembly discussed draft Article 131 (now Article 155) dealing with the appointment of Governor by the President of India T. T. Krishnamachari, an illustrious Member while sharing his views stated “I think conventions have already grown in that … the person so selected (as Governor) will be a person who will hold the scales impartially as between the various factors in the politics of this State.” “The advantages of having a non-party man, a non-provincial man” he remarked “have been amply made out by the Honourable Prime Minister (Jawaharlal Nehru).
Observations of First Administrative Reforms Commission
The Administrative Reforms Commission in its Report (1969), made seminal remarks that the Governor as head of the state should by his impartiality and sense of fair-play, command the respect of all parties in his State. The aforementioned Sarkaria Commission in its report flagged those observations of the 1969 report of Administrative Reforms Commission and observed “Much has happened since then. Nonetheless, these observations remain as valid today as they were then.” It underlined the significance of those observations by remarking that “The number of Governors who have displayed the qualities of ability, integrity, impartiality and statesmanship has been on the declining side.”
It is salutary to recall the words of Sarkaria Commission which observed, “Under this system, (Cabinet System of Government ) the Governor as Constitutional head of the State has “a right to be consulted, to warn and encourage” and his role is overwhelmingly that of “a friend, philosopher and guide” to his Council of Ministers.” “Harmoniously with this role,” it emphatically stated, “ the Governor also functions as a sentinel of the Constitution and a live link with the Union.”
So the legislative intent of the Constituent Assembly that the Governor should act in a bipartisan manner to "preserve, protect and defend the Constitution" has been egregiously trampled upon by Braj Mohan Ram’s statement that he as Governor would work to get more votes for the ruling BJP party in Odisha.
What he stated falls into the persistent pattern of Governors, appointed during the Modi regime, in flagrantly violating the Constitution while discharging their constitutional duties.
Examples of Governors Playing Partisan Role in Last Few Years
In July 2023 Punjab Governor Banwarilal Purohit questioned the validity of the assembly session of the State duly convened by the AAP Government of the State. In November that year the Supreme stated that the remarks of Purohit as "playing with fire".
In its November 9, 2023, order the bench stated “"any attempt to cast doubt on the session of the legislature would be fraught with great perils to democracy".
While reiterating the Constituent Assembly's intent embodied in the constitutionally enshrined provisions that "in a parliamentary form of democracy, real power rests with the elected representatives of the people" and the "governor, as an appointee of the President, is the titular head of the state", the Bench made it crystal clear in its order that "casting doubt on the validity of the session of the House is not a constitutional option open to the governor".
Earlier in July 2020, the governor of Rajasthan did not convene the session of the state assembly in spite of the cabinet recommendation to that effect and Chief Minister Ashok Gehlot had to sit on dharna for the governor's nod. It testified to the role played by a Governor in contravention of the Constitution to serve partisan interests.
In June 2022 Maharashtra Bhagat Singh Koshyari called Uddhav Thackeray government for the floor test based on disputes within the Shiv Sena, one faction of it claiming to be the original party. The matter was adjudicated by the Supreme Court and Chief Justice of India Chandrachude observed in 2023 order of SC that the governor had acted in a manner which clearly established the point that he had called for a floor test without any material basis except the disputes within the party. Clearly, such observation of the Supreme Court that the governor got actuated by party issues rather than constitutional provisions is a sad reflection on the conduct of the governors determined by their partisan interests.
Governor as of the constitutional apparatus
Sarkaria Commission while observing that “He (Governor) is the Linchpin of the constitutional apparatus of the State” remarked, “...it is an office which cannot be dispensed with”. It is in this context pertinent to observe that any partisan approach adopted by the Governor while discharging functions would gravely endanger the Constitution itself.
Criticism of Braj Mohan Ram’s remarks in Odisha
No wonder that Odisha’s Leader of Opposition Naveen Patnaik mocked Braj Mohan Ram’s remarks to work for BJP’s electoral prospects by saying “People of Odisha were watching his enthusiasm to do party work.” “It is hoped,” he remarked, “that Lord Jagannath will give him some enthusiasm and strength to serve the people of Odisha so that he will discharge his duties impartially by upholding constitutional dignity.”
Odisha Pradesh Congress Committee (OPCC) president Bhakta Charan Das underlined that the Governor’s responsibility is to work impartially as mandated by the Constitution and not serve the electoral interests of any political party. “Constitutional offices must remain above partisan politics,” he stated.
President Murmu Must Condemn Mohan Ram
Braj Mohan Ram’s intent to subvert the Constitution by working for BJP in Odisha while serving as Governor of the State must be condemned by President of India Droupadi Murmu who has appointed him to the gubernatorial post. She also has taken oath to "preserve, protect and defend the Constitution.” Therefore, when someone she has appointed as Governor brazenly states that he would violate the Constitution she must intervene and ask him to mend his ways. Now people of India are in the forefront to save the Constitution and so it would be unacceptable for them to see a Governor demolishing it and the President of our Republic maintaining a deafening silence.