Experts differ on decision to recall T.N. Governor

By Our Special Correspondent

NEW DELHI, JULY 1. Constitutional experts were divided in their opinion over the Centre's decision to recall the Tamil Nadu Governor, Ms. Fathima Beevi. While most of them said today that the move was unconstitutional and against norms of propriety, a former law officer differed.

Mr. Devendra Nath Dwivedi, former Additional Solicitor-General and general secretary of the Nationalist Congress Party, described it as an ``abuse of constitutional power, assault on the federal structure and demeaning of the office of the Governor.'' The Governor, holding office at the ``pleasure of the President,'' did not imply `whims and fancies' of Ministers, he said, and defended Ms. Fathima Beevi for executing her powers in accordance with the constitutional provisions.

What was shocking was her treatment as a `subordinate' to the Union Home Secretary and her removal on the basis of a report by a Special Secretary. On the Centre's handling of the issue, Mr. Dwivedi said the same people who had criticised the misuse of the Governor's office in the past wanted a doctored report from her today.

Mr. Dwivedi hoped the President, Mr. K. R. Narayanan, would exercise his powers under Article 74 of the Constitution and ask the Union Cabinet to reconsider its recommendations, as he had done in the past.

A senior advocate, Mr. Rajeev Dhawan, said the act was ``unprecedented,'' since the Centre decided to recall Ms. Fathima Beevi ``on grounds of incompetence.'' This was ``against the constitutional norms of propriety.'' Objecting to the Governor's confidential report being made public, he said the NDA Government had involved her in its political machinations.

Mr. Lalit Bhasin, general secretary, Bar Association of India, termed the decision as incorrect and said perhaps the Centre wanted the Governor to submit a report saying there was a `breakdown of constitutional machinery' in Tamil Nadu, which she declined.

The former president of the Supreme Court Bar Association, Mr. R. K. Jain, said the recall was ``unfortunate and unconstitutional.'' The Governor was not expected to `dance to the tunes' of the Centre.

However, the former ASG, Mr. K. N. Bhat, endorsed the Centre's decision though he had supported Ms. Fathima Beevi's earlier move to invite Ms. J. Jayalalithaa to form the Ministry in Tamil Nadu. He said instead of merely forwarding the report of the Tamil Nadu police, Ms. Fathima Beevi could have asked the Centre to make an independent assessment on the ground that she was unable to get any other version. As Head of the State, the Governor had ``failed to discharge her constitutional duty during the crisis'' and could not be trusted.

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