Justice RF Nariman, former judge of the Supreme Court of India has listed out four disturbing things that happened in the country this year and one of them deals with the Governor of Kerala.
Justice Nariman explained his choices at a lecture on 'Constitution: Check and Balances' on Friday.
The incidents related to the BBC documentaries on Prime Minister Narendra Modi and the government backlash, the Centre passing a bill on the selection of election commissioners and the latest Supreme Court judgment on the abrogation of Article 370 were the other 'disturbing things' India witnessed in 2023, according to Justice Nariman.
Governor Arif Mohammed Khan who has been at loggerheads with the LDF government in Kerala over a range of issues, from university appointments to salaries of staff to passing of bills, features third in the list.
"The third disturbing fact that we found this year is a Governor of a traditionally minority state, that is Kerala, sitting over bills for periods of upto 23 months," Justice Nariman said in his lecture.
"When the Supreme Court rapped him on his knuckles, what did he do? There were eight such bills. Seven bills were referred to the President. Now this again is a very disturbing feature because if there is a wholesale reference to the President then the legislative activities of the state comes to a standstill," he said.
According to Justice Nariman the Kerala Governor's style of functioning, concerning the bills, was not a simple issue "because unlike a Governor sending back a bill (after it is send back the Governor has to sign it), once it lands up at the Centre and the Centre says no, that's the death of the bill. It's over".
Free and fair elections?
The Lok Sabha has passed the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill, 2023 by a voice vote after a brief discussion. The Rajya Sabha had cleared it on December 12.
According to the bill that will become law in the coming days, a search committee headed by the law minister and comprising two Union secretaries will shortlist five names for consideration by the selection committee for appointment as the CEC and ECs.
The selection of members of the Election Commission will be done by a panel headed by the Prime Minister, a Union minister nominated by him and the leader of the opposition. Incidentally, the selection panel will have the power to consider even those not shortlisted by the search committee.
Justice Nariman said that it was a disturbing development because "if you are going to have the Chief Election Commissioner and other election commissioners appointed in this fashion, free and fair elections are going to become a chimera".
