Governor’s act violates Constitution, cannot be pardoned by house, says Karnataka Minister
Bengaluru: The Karnataka government on Friday dismissed the opposition’s charge that it had insulted Governor Thawarchand Gehlot for declining to read out the speech prepared by the state cabinet while addressing the joint session of the legislature, contending that his act amounted to a violation of the Constitution and this could not be pardoned by the house.
The government also pointed out that the Governor did not wait for the National Anthem and exited hurriedly after addressing the joint session, which, it said, amounted to an insult to the National Anthem.
Law and Parliamentary Affairs Minister H.K. Patil, making a statement in the Assembly, rejected the opposition’s demand for the suspension of Congress MLAs, MLCs, and the Law Minister for allegedly obstructing the Governor while he was exiting.
Gehlot on Thursday declined to deliver the customary address prepared by the state government to the joint session of the legislature, limiting himself to reading a few lines before abruptly ending, triggering dramatic scenes in the Assembly.
“As per Article 176(1) of the Constitution, the Governor shall address the speech prepared by the government. There are verdicts of the Supreme Court and High Courts on this issue. The Union Home Minister has also made observations in the Lok Sabha, citing the Constitution in this regard. All this must be taken into account. Under Article 176(1), the Governor’s act amounts to a violation of the Constitution, and that violation cannot be pardoned by this house,” Patil said.
“The deviation from, violation of, or disrespect to the Constitution, as directed under Article 176(1), governed by verdicts of the Supreme Court and High Courts and supported by statements of the Union Home Minister, cannot be ignored. He (the Governor) cannot escape this,” he underlined.
“We, the state government, convey our policies to the state and the country through the Governor. We also express our anger to the Centre over injustices through the Governor’s address. The address facilitates this process. We are not writing the Governor’s address to please him. The address consists of 122 paragraphs. Go through them one by one. There is no personal allegation against anyone,” Patil pointed out, adding that the Governor had an obligation under Article 163 of the Constitution, but brushed it aside by declining to read the speech prepared by the Cabinet.
“This is our primary concern, and we have expressed it,” he said.
“I stated that the Governor ran away after addressing the joint session. Leader of the Opposition R. Ashoka has alleged that I tried to obstruct the Governor while he was exiting. The reason I moved towards the Governor was that my Chief Minister also moved towards him while he was leaving and signalled me to accompany him. The Chief Minister, I, and a few others went up to the Governor’s car, bid him goodbye by shaking hands, and then returned. At any point, was the Governor insulted by the government?” he asked.
“The Governor has violated the Constitution. Despite this, we urged the Governor to apologise to the people of the state and to the house. We also stated that the matter could be closed there. However, the opposition is indulging in party politics. This is not a healthy development. The opposition is defending the Governor and opposing the Constitution,” Patil alleged.
He underlined that the law and the Constitution must be taken seriously, and the Supreme Court has consistently upheld strict constitutional, legal and secular principles, including in matters involving cultural and national symbols, like the National Anthem.
“While the Constitution is interpreted as a living document to ensure substantive rights, courts have often ruled on whether symbols such as the National Flag, National Anthem, or religious attire are protected under fundamental freedoms or restricted in the interest of public order,” he said.
Defending the Governor as if he were a party leader and speaking against the Constitution is condemnable, Patil said.
He requested opposition leaders, “who are attempting to compare the suspension of 18 BJP MLAs for their grave misconduct with yesterday’s incident, to reconsider their stand”.
“BJP members had torn copies of documents and thrown them at the Speaker. They climbed onto the Speaker’s chair and stood beside him. To erase that episode, the opposition is now trying to highlight the Governor’s issue,” Patil said.
“I want to refer back to the Constitution. None of you in the opposition can deny that the Governor is bound by the Constitution. He is the custodian of the Constitution, but he is not above it. Article 176 states that the Governor shall address the joint session, and that the address shall be prepared by the state Cabinet. We prepared the speech and submitted it to him,” Patil stated.
BJP leaders attempted to interrupt him then, and Patil said that if the opposition calls his government a “hooligan government,” did they expect him to remain silent?
As BJP leaders then asked him to come to the specific issue of what happened when the Governor exited the house, Speaker U.T. Khader intervened and said that such a development had never occurred in the state before.
BJP MLA Suresh Gowda said the matter concerned an insult to the Governor and not the Constitution, while fellow party MLA and former Deputy Chief Minister C.N. Ashwath Narayan said the debate could not go on for the entire day.
Patil said the issue under debate was being discussed across the country, particularly in South India, and that non-BJP governments were closely watching the developments.