Maharashtra Guv Skirts Controversy, Questioning ‘Secular’ Leanings Of CM

Grammar and usage errors apart, there is the big Constitutional breach here. The first point is the governor has used the word ‘secular’ tauntingly, for the executive head of the state.

There! This is in case anybody, especially die-hard nationalists, may have forgotten the preamble of the Indian Constitution. The fact is, a polarised society under the current dispensation since 2014 has been objecting to the word ‘secular’ in our Constitution. Since the last few months, especially after the CAA and NRC bills, which have excluded the Muslims, it has become rather evident the Bharatiya Janata Party-led government is keen on making the country a Hindu nation. And now it has reached such a stage, that the Governor of this state has brazenly shown his opposition to the word and spirit of being ‘secular’.

Constitutional breach

On October 12, the Governor Bhagat Singh Koshyari, in a letter to Chief Minister Uddhav Thackeray, used objectionable language. He questioned Uddhav’s removing of lockdown if the Hindu temples continue to remain shut. “Most unfortunately, four months after your address, you extended a ban on the opening of places of worship in the state yet again… .” This announcement was made on October 11, in his televised speech.

He went on to say, while Thackeray had allowed bars, restaurants and beaches to remain open, he continued to keep places of worship closed.

Then Koshyari overstepped and made the big mistake of breaching the Constitution of India. He said, “You have been a strong votary of Hindutva. You had publicly espoused your devotion for Lord Rama by visiting Ayodhya after taking charge as the Chief Minister of Maharashtra…”

Grammar and usage errors apart, there is the big Constitutional breach here. The first point is the governor has used the word ‘secular’ tauntingly, for the executive head of the state. The governor is only the nominal head of a state. Moreover, when a Governor takes oath, they have to say, they “Protect and defend the Constitution and the law and that I will devote myself to the service and well-being of the people of…”

However, in his letter, Koshyari has not only breached his Constitutional office, but he has also disrespected the Constitution of India. Displaying his blasé attitude about the word ‘secular’, Koshyari has buried his current position as the honourable governor under his RSS pracharak cap. Given that he was the national vice-president of the BJP, anti-secular politics does seem to run in his blood, so much so that he has forgotten he holds a Constitutional post. This political move though was aimed at taking a shot at CM’s personal ideology and that of his party, the Shiv Sena. But Koshyari has been foolhardy to thus reveal the conspiracy of the RSS. One of the main criticisms of the Sangh Parivar is that it does not believe in the Indian Constitution, with its demand for a ‘Hindu Rashtra‘.

In fact, Uddhav too pointed out, the oath the governor oversees is as per the Constitution and questioned, “You do not approve of it?” Moreover, by questioning Uddhav on his secular leanings for not starting Hindu places of worship, Koshyari has also gone one step ahead, insinuating that being secular means one is anti-Hindu. An agenda the BJP party and the Sangh Parivar have forever been trying to push.

Danger to democracy

The role of the governors has always been questioned. Starting with the selection of candidates, time and again, it is being seen, the National Democratic Alliance has run into many controversies. Especially in non-BJP ruled states.

Right from the beginning, Koshyari has shown his preference to the BJP and former CM, Devendra Fadnavis. In fact, former Prime Minister H D Deve Gowda too criticised the governor for lifting President’s rule and rushing into making Fadnavis the CM.

Firstly, when every leading party was given the duration to form the government and prove their strength, Koshyari rejected the claim by the Sena, Congress and the Nationalist Congress Party to form the government. This created a huge rift in an already disturbed environment. The three parties approached the Supreme Court and called Koshyari’s move ‘unconstitutional’. On November 23, 2019, Koshiyari administered the oath of office to Fadnavis as CM and Ajit Pawar as deputy CM at 5.47 am, with President’s Rule having been lifted shortly before. It is not the first time that a governor has done something controversial and toed a party line. Raising the question, are governors a bane or boon to Indian democracy? The fact is, in the current environment, the way every democratic institution is being systematically eroded, this is no surprise, Koshyari sticking his neck out for the Sangh. It was because of such instances that the Communist Party of India (CPI) called for the abolition of the post of governor, calling it an outdated system wherein people holding the position misused their office and overstepped their limits.

In fact, it has been noted that governors of many states in recent times “are breaking the cardinal rules and provoking controversy by entering into the thick of everyday politics.” This is, of course, a matter for a huge debate because the BJP leaders will defend their meticulous ways of using various Constitutional posts to attain their final goal.

Political veteran

However, those who know the background of the ‘political’ Koshyari, will say it was naïve on part of the Maha Vikas Aghadi (MVA) government to not have done their homework. Having been overlooked by the ‘Central leadership’ in the times prior to Narendra Modi, Koshyari was overlooked by L K Advani in 2007 for the post of CM of Uttarakhand, this despite having the support of legislators. He did not rebel or break away from the party, but continued to work as an ardent RSS pracharak. He won the Lok Sabha elections from Nainital in 2014 and in 2019, instead of contesting for elections he was made the governor of Maharashtra.

The Sangh had prepared the BJP for a strong face-off against the Sena in advance, as most leaders in the state BJP had wanted to contest the polls alone, since 2014. But it was not easy for them to push the Sena off their boat. Since the time the Sena decided to form an alliance with the Congress-NCP, the BJP has been heavily leaning on Koshyari.

In fact, the governor was not happy to attend the swearing-in ceremony of Thackeray and six ministers at the Shivaji Park Maidan. Then he was upset that Thackeray and the ministers had invoked the names of their leaders, which triggered a controversy, as the BJP leaders were obviously upset. Koshyari had warned them not to repeat the mistake. But seven-time legislator K C Padvi, during his oath, invoked his leaders and Koshyari interrupted him and objected.

This was just the beginning. In fact, during the pandemic, the governor was accused of deliberately delaying Thackeray’s nomination as a member of the Legislative Council. In fact, the former Secretary General of the Lok Sabha, PDT Achary, in an interview said, Koshyari’s strategy to delay the nomination was ‘mystifying’. There are certain Constitutional formalities and these have to be fulfilled, but as mentioned before, the political acumen of this wryly built governor, ably supported by the BJP, which is hellbent on implementing ‘Operation Lotus’ in the state, is sparing no opportunity to hit the MVA government and especially Thackeray. In fact, the famous quote we have heard, “There are no permanent friends, and no permanent enemies, only permanent interests.”