In Tamil Nadu, governor overstepped bounds of constitutional morality
He is representative not of a party; he is representative of the people as a whole of the state. It is in the name of the people that he carries on the administration,” said B R Ambedkar about the governor’s role. The Supreme Court (SC) had quoted this statement in Nabam Rebia (2016).
The BJP was formed on April 6,1980, with a claim that it would be “a party with a difference”. But the governors appointed by its government have time and again proved they are the same as their counterparts appointed by Congress. Increasingly, they seem not to have much respect for the text of the Constitution, its spirit or even constitutional morality.
Tamil Nadu Governor Rajendra Vishwanath Arlekar’s decision not to invite the leader of the single largest party to form the new government for days after the results is a grave example of this trend. No constitution’s text covers every eventuality that may emerge in the course of a nation’s politics. When a constitution is not explicit on a particular matter, constitutional conventions evolve and are accepted and followed. John Stuart Mill had called these conventions “unwritten maxims of the constitution.” William Anson termed them “constitutional customs”. British jurist Ivor Jennings said that constitutional conventions are important as “they provide flesh which clothes the dry bones of the law”.
The Indian Constitution, despite being the lengthiest in the world, in Article 164(1) states only that the “Chief Minister shall be appointed by the Governor” and the ministry under Article 164 (2) “shall be collectively responsible to the Legislative........
