Panel wants amendments to Art. 356

By Our Special Correspondent

NEW DELHI, MAY 11. The National Commission to Review the Working of the Constitution, headed by the former Chief Justice of India, Mr. Justice M.N. Venkatachaliah, has suggested wide-ranging amendments to Article 356 of the Constitution and changes in the appointment and functioning of Governors.

In separate consultation papers released today for eliciting public opinion on Article 356 which provides for the dismissal of a State Government as well as the selection, appointment and functioning of the Governors, the Commission sought to correct several anomalies surrounding the two crucial areas.

While invocation of Article 356 as an emergency provision of the Constitution has often sparked controversies, the method of appointment of Governors in recent times has also left much to be desired. Referring to Article 356, the panel suggested approval of the proclamation by both Houses of Parliament.

It expressed the view that before issuing the proclamation, the President/Centre should indicate to the State Government the matters wherein the State was not acting in accordance with the provisions of the Constitution and give it a reasonable opportunity to redress the situation.

The proclamation must contain by way of an annexure the circumstances and grounds, specifying the situation where the governance of the State cannot be carried on in accordance with the provisions of the Constitution. Further, if the Legislative Assembly is sought to be kept under suspended animation or dissolved, reasons for it should also be stated in the appropriate proclamation.

Whether the State Ministry has lost the confidence of the Legislative Assembly or not should be decided only on the floor of the Assembly and nowhere else. If necessary, the Centre should take steps to enable the Assembly to meet and freely transact its business. The Governors should not be allowed to dismiss Ministries so long as they enjoyed the confidence of the House.

The panel commended and reiterated some of the vital recommendations of the Sarkaria Commission regarding Article 356. Among other things, the Sarkaria panel had suggested that the Article be sparingly used, a warning should be issued to the errant State in specific terms and safeguards should be incorporated in the provision.

Referring to the appointment and functioning of Governors as well as the anomalies and problems surrounding the powers vested in them, the panel said the practice of sending ad hoc or fortnightly reports to the President was not a healthy one.

The Commission felt it would be appropriate to suggest a committee comprising the Prime Minister, the Union Home Minister, the Lok Sabha Speaker, and the Chief Minister concerned to select a Governor. ``Instead of `confidential and informal consultations' it is better that the process of selection is transparent and unambiguous,'' it said.

It suggested a fixed tenure of five years for Governors and the deletion of the provision that the Governor holds office ``during the pleasure of the President.'' Provision should be made for the impeachment of the Governor by the State Legislature on the lines of the impeachment of the President by Parliament.

Stressing that its suggestions were aimed at investing the office of Governor with the requisite dignity and integrity and making the Governor an independent and fair arbiter of a dispute, the panel said it was essential to retrieve and restore the glory and dignity of the office.

``We recognise that among Governors there have been many fair and independent persons. But, by and large, the picture has not been an inspiring one. This is because very often active politicians, politicians defeated at the polls and men lacking in integrity and fairness and individuals not possessing an understanding of the constitutional system were chosen for this office,'' the Commission observed.

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