Governor Vs Government | Constitutional quandary in Kerala

In Kerala, a constitutional predicament is brewing, tearing at the delicate fabric of federalism. At the heart of this conflict is Kerala Governor Arif Mohammed Khan and Chief Minister Pinarayi Vijayan's government. What initially seemed like a clash of personalities has now escalated into a full-blown crisis, replete with security concerns, political manoeuvring, and a historic departure from constitutional norms.

The recent decision of the Union home ministry to provide Khan with Z-plus security cover, replacing the state police with the Central Reserve Police Force (CRPF), in response to continuous statewide black flag protests by the Students' Federation of India (SFI), the student wing of the ruling Communist Party of India (Marxist), is a disconcerting development. The ruling CPI(M)’s attempt to frame Khan’s actions as orchestrated by the Bharatiya Janata Party (BJP) at the Centre, evidenced by slogans like ‘Sanghi Chancellor Go Back’, deepens existing political fault lines and challenges the State’s balance of power.

The conflict reached a critical juncture when Khan, stepping out of his convoy, confronted SFI protesters on two occasions. On January 27, Khan stopped his convoy and walked up to the protesters, who were subsequently removed by the police. Following this, Khan sat on a chair at a nearby shop alongside State Highway I until an FIR was lodged against the protestors. Khan said that there was a conspiracy to compromise his safety, where the police was supporting the protesters and this was done to divert attention from the state government's failures and allegations against the Chief Minister himself. These allegations and counter-allegations have created an atmosphere of mistrust, damaging the collaborative spirit necessary for effective governance.

This clash between the Governor and the state government is not an isolated incident but is part of a series of confrontations jeopardising the foundational principles of federalism. A crucial battleground is the appointment of university officials, where the Governor serves as the Chancellor. The power struggle over appointing Vice-Chancellors and other key positions has been a consistent source of friction, marked by accusations of political interference and favouritism. In a democratic system, the roles of the Governor and the elected government are well-defined to maintain a power balance. However, the ongoing strife in Kerala questions the sanctity of this division, undermining the principles of co-operative federalism.

Another alarming development occurred during Khan's policy address in the legislative assembly on January 25. Departing from tradition, his address, the shortest in Kerala's history, comprised only the first and last paragraphs, lasting less than two minutes. The brevity of the Governor's address raises concerns about democracy's functioning, and adherence to constitutional practises.

Article 176(1) of the Constitution mandates the Governor to address the legislative assembly at the commencement of each year and after each general election. While it's not uncommon for Governors to omit sections from lengthy policy speeches, the current situation is unprecedented. The truncated address not only undermines constitutional obligations but also raises questions about the state's democratic health, denying the people of Kerala the opportunity to understand the government's vision and challenges. This crisis extends beyond personalities, striking at the core of federalism. The delicate balance between the Governor and the elected government, designed for mutual checks, is now at risk. The allegations and counter-allegations have bred mistrust, damaging the collaborative spirit necessary for effective governance.

This political turmoil is a stark reminder of the fragility of federalism, and it demands immediate resolution as the breach in the delicate balance between the Governor and the elected government threatens existing systems of governance. It is crucial for all parties involved to rise above political differences, prioritising the well-being of the people, and ensuring that Kerala's political landscape regains stability while upholding the principles of co-operative federalism.

Amal Chandra is an author, and Chairman, Research and Development, AIPC Kerala. X: @ens_socialis.

(Disclaimer: The views expressed above are the author's own. They do not necessarily reflect the views of DH).