1

inquiry is still stronger than in 1948. The UCC councillors, indeed, seem in some respects no better than the Congressmen. Last Friday, for instance, the Corporation once again adjourned without doing any work, this time as a "mark of rejoicing" because one of them had been elected Speaker of the Legislative Assembly a circumstance

which would surely have been more suitably celebrated by getting on with the job, Since a probe into an existing body might be as invidious as difficult, the proper course, as in 1948, is surely previous supersession. Apart from the politicians affected, this would not cause one tear to flow.

On March 21 Statesman wrote editorially on the Calcutta Corporation as under.

A Useless Body

Last month, in answer to a probably unwelcome but inescapable inquiry from the West Bengal Government, Calcutta Corpora

tion disclosed that its accounts for 1957-61 had now been completed, but not so far presented to the Accounts Committee. What is the present condition of the financial shambles which it calls its book-keeping for any date since 1961 is anybody's guess. Meanwhile, on Thursday, the Chairman of the Standing Finance Committee presented what, for want of a better phrase, must be called the Corporation's Budget. As with the estimates presented by the Commissioner last December, it was inescapably based on fiction, since nobody knows precisely what money the Corporation bas (or ought to have) in hand expects to collect. Like those estimates, the Budget is indeed fiction based on fiction: since the Commissioner had only preserved the statutory closing balance of Rs. 12 lakhs by the traditional method of deferring payments and taking a bankrupt's view of bills receivable. But the Chairman achieved the enviable record of fiction based on fiction

or

he jumped up the opening balance for the new year by Rs. 5 lakhs (don't

ask us how!), so that, after a deficit of a little more than this on estimated expenditure for the coming year, he would still, in the Alice in Wonderland world of the

Corporation, be one jump ahead of the sheriff.

Proposals to keep the Corporation out of queer street, the gutters of wnich it has been steadily approaching, were equally weird and wonderful. The Commissioner last December wanted an octroi, a wheel tax and an education cess. To at least the first of these the State Government was rightly allergic: internal customs dues, though in some places they persist, are a mediaeval nuisance; they also tend to weigh heaviest on the poor. The wheel tax was also discountenanced, possibly through suspicion that the Corporation's attempts to collect it would lead to wheeling and dealing. Yet these were almost suggestions of genius contrasted with those propounded by the Chairman. First, he has revived and old, and fatuous, plan to collect a toll on road traffic in Dalhousie Square and Park Street. How the Corporation would do so, and what would happen to traffic while it was trying, does not seem elucidated. Secondly, he wanted to raise fees in certain principal roads for parking more than ten minutes. Not, be it noted, to institute parking meters-which in any expensive, probably unavaible, and not readily programmed to deliver a free ten minutes-but presumably through Corporation wardens, presumably supplied with a Corporation watch. How much would. reach the Corporation's coffers, supposing that the courts trusted its wardens to tell the time, is an interesting speculation, though the wardens would no doubt extort what the traffic would bear: not much, perhaps, from burly looking customers, but more from the more easily intimidated.

case are

While the Corporation's affairs and finances have been thus going down the drain, Councillors have not merely been neglecting business as usual but surpassing even their own barely balievable standard of neglect. On Wednesday, preparatory to a ten-minute adjournment, they spent 40 minutes listening to the obituary notices of 34 people, most of them quite unconnected with the Corporation and some, such as Dr. Robert Oppenheimer, not even with India. They then adjourned the rest of the meeting because a former mayor (whose retrospective opinion (Continued on page 4)

The Hindustan Times on March 21 wrote the following editorial on the Delhi Municipal Corporation.

While the Delhi Municipal Corporation has been advertising its bankruptcy from time to time it has made no effort to control its profligacy. As pointed out in the latest audict report, its indebtedness increased by 300 per cent between 1959 and 1963. By now the increase has gone up to 500 per cent and those dealing with the civic body have begun to refuse further credit. Not having been paid for years, the Union Government's Directorate of Supplies and Disposals has suspended credit facilities. Contractors, payment to whom is invariably delayed, are chary of working for the Corporation.

Realizing how imprudently municipal finances were being handled the Government of India two years ago appointed a committee headed by Mr. B. Gopala Reddy to make a study and suggest remedial measures. The committee's findings are not known, but budgetery figures are there to show that the Corporation, though reckless in its spending, paid little attention to raising extra revenue. Out of its annual budget of about Rs. 16 crores nearly two-thirds was utilized in paying salaries of the staff, including teachers in municipal schools. In the last five years about Rs. 2 crores was handed over to councillors to be spent on projects of their choice in their own constituencies. Officials at the same time have been multiplying in accordance with Parkison's Law. Many posts

(Continued from page 3)

of the Corporation is not high) is now Central Education Minister. Faced with this sort of thing, public criticism, to which Councillors have long stopped listening in any case, becomes increasingly an equal waste of time. It remains to demand, loudly and insistently, when the State Government is going to kick these useless loafers ou,. The relevant Minister is Mr. Somnath Lahiri; he owes Calcutta a decision.

Perhaps one of the reasons why the Corporation has been so remiss in managing its affairs is that the Union Government has

been willing to cover over 25 per cent of its recurring annual expenditure with liberal grants but has seldom cared to ensure that the funds provided are not squandered away. The Corporation has in fact been pampered. If the municipality in Madras, with lower taxes, can make do with grants totalling only 5 per cent of its annual budget and provide better civic amenities, there is hardly any justification for the Delhi Corporation to pile up debts to be able to demand greater assistance from the Centre.

The Jan Sangh, which is taking over the Corporation soon, may be tempted to blame everything on the outgoing body if it finds the city's problems intractable. But such fault-finding will be of little help in a situation requiring competence and constructive effort. What has been wrong with the civic administration is clear to all. Neither the self satisfied executive nor the power-concious majority party in the deliberative wing gave any evidence of rectitude or responsibility when playing with the tax-payers' money. From year to year figures in the budget were manipulated to allow for a policy of drift and to keep everybody happy. That is why the stalwarts of the old Corporation and their political suppor ters have been swept away by the ballot. If the new councillors take this lesson to heart, they may not be easily led into the corrupt and casual ways of their predecessors.

The administration of the States is generally organised on the pattern of the Union. There is a Governor for each State. There is Council of Ministers with the Chief Minister at the head to aid and advise the Governor in the exercise of his functions except where he has to act in his discretion. There is a State Secretariat to assist the Council of Ministers.

The Office Of Governor

It was decided in August 1947 that the Governor should be elected by popular vote. In May 1949, the original decision was reversed and provision was made for an appointed Governor. 3 Nehru attributed this change in the original intention of the constitution-makers to the tendency visible during 1947-49 "towards loosening the fabric of India or loosening the governmental machinery."4 An appointed Governor was, therefore, preferred in the context of "preserving unity, the stability and security of India and not produce too many factors in our constitutional machinery which tend to disrupt that unity by frequent recourse to vast elections which disturb people's minds and at the same time, divert a great deal of our resources towards electoral machines rather than towards the reconstruction of our country."s

will

The Governor of a State is accordingly appointed by the President by warrant under his hand and seal. 6 He holds office during the pleasure of the President but may resign his office by writing to the President. 7 Subject to the above rovisions, his term of office is five years but he may continue to hold office till his successor is appointed. 8

1. The Constitution of India, 1 March 1963, p. 80. 2. Ibid., p. 83,

3. M. V. Pylee, Constitutional Government in India, 1960, p. 458.

4. Ibid., p. 459.

5. Quoted by M. V. Pylee, Constitutional Government in India, 1960, p. 459.

6. op. cit., p. 80.

7. op. cit., p. 81.

The Governor shall be entitled without payment of rent to the use of his official residences and shall also be entitled to such emoluments, allowances and privileges as may be determined by Parliament by law and until provision in that behalf is made, such emoluments and allowances and privileges as are specified in the Second Schedule. 9

The method of appointment by the President in the context of non-Congress Governments in seven States is not free from blame. When the President is a constitutional head he is bound to make the appointment on the basis of advice tendered by the Prime Minister. In case the Prime Minister hails from a party different from the ruling party of the State the advice in respect of the Governor is bound to vary. This may result in political complications. Disgruntled politicians have often been given the gubernatorial chair. Men defeated at the polls have been offered Governorships to solace them for their defeat. Retired civil servants enjoying the favour of the Government have been advanced. Occasionally this office has been offered to tempt leaders of the Opposition. In fact, the office has been utilized to favour those who have enjoyed the patronage of the Union Government.

The plea for harmony between the Union and the State Governments in emergency has been availed of in peace-time to convert the State Governors into Union Government agencies.10 Governors have also occasionally intervened to bridge the gap between ruling party groups in the State legislature. This is hardly the role that was envisaged for the Governor at the time of constitution-making. The two conventions that have grown up viz., appointment of a Governor after consultation by the State Cabinet and appointment of an outsider are both salutary conventions. The first convention would avoid conflict and friction between

the State Governor and the State Cabinet. This aspect assumes new urgency after the Fourth General Elections when nearly every alternate State Government is a non-Congress Government. The second convention would eliminate the possibility of a Governor meddling with the internal politics of the State. These conventions have to be supplemented by the growth of additional conventions, namely, strong partymen should not be chosen for the Governorships lest they boost the morale of the party they favour. In this respect the choice of Sarvapalli Radhakrishnan as the president may serve as an example. A person who has lost at the polls should in no case be raised to Governorship. A person who has been considered unfit to represent a constituency represent a whole State comprising a number of constituencies. Civil servants should also be barred such from appointments, except contingencies when President's rule is declared lest their attention is fixed on receiving favours of Government and they tend to have political leanings during their term of service. The top cadre of the civil servants is expected to be thoroughly non-political.

should not be asked to

in

The status of a Governor is that of the Head of the State? How can there be many states within one state. state. According to the concept of political science each state is a component of five elements viz, land, peo. ple, organization, government and sovereigaty. The political political divisions of India to which we have given the nomenclature of States are not States in the technical sense. Perhaps the status has been conferred on them to please their vanity. Even so, there is certainly no necessity to treat the Governors as Heads of States. The Head of the State is the highest dignitary in the State. As such he enjoys certain powers and privileges. At present, we have 18 Heads of States including the President of the Indian Republic and seventeen Governors of States. This sounds ridiculous in the extreme. The powers and privileges attached to the seventeen Governors of States also need to be slashed to leave only one Head of the State of the Indian Republic. The employment of 11. Ibid., P. 163.

the term "Head of the State" in the case of Governors may also lead to other legal complications. Since a Head of the State is above the law, there will be seventeen ordinary mortals who would be above the law in addition to the Indian President.

The emoluments, allowances and privileges of the Governors have also come in for criticism. They are allowed two "royal" free furnished residences-one summer residence at a hill station and the other winter residence in the plains. He is also in enjoyment of other facilities like a Secretariat and a train of attendants. The Staff of the Governor comprises a Secretary, two Aidesde-Camp, Aides de Camp, two honorary one personal Secretary to the Governor, one Assistant Secretary and one Superintendent. 12 Even, Nehru has suggested the shedding of some of the pomp and show which is associated with their office. particularly insisted that traffic should not be stopped while a Governor passed through a particular route in the city. 13

The Role of Governor

He

Article 154 (1) of the constitution provides that "the executive power of the State shall be vested in the Governor and shall be exercised by him either directly or through officers subordinate to him in accordance with the constitution."14 For the exercise of this power the constitution prescribes that "there shall be a Council of Ministers with the Chief Minister at the head to aid and advise the Governor in the exercise of his functions, except in so far as he is by or under this constitution required to exercise his functions or any of them in his discretion". It is further provided that the advice tendered by the Ministers to the Governor shall not be questioned in a Court of law and that the decision of the Governor in his discretion shall be final 16 The President, however, may make such provision as he thinks fit for the discharge of the functions of the Governor of a State in any contingency

12. Uttar Pradesh Official Directory, 1966, P. 1. 13. Civic Affairs, Vol. 6, No. 2, 1958, P. 25. 14. The Constitution of India, 1 March 1963, p. 80. 15. Ibid., p. 83.

16. Ibid., p. 83.

not provided for in Chapter VI.7 The first such contingency would be the dismissal of the Ministry if the Governor has reasons to believe that the Ministry is engaged in activities which are likely to endanger national security or solidarity. When such a situation arises the Governor is likely to take instructions from the President and dismiss the Ministry even though the Ministry may enjoy the confidence of the majority of the legislature.18 Such a situation actually arose in Kerala when the Communist Ministry under Chief Minister E. M. S. Namboodiripad had to be dismissed. The use of discretion by the Governor in such a situation would open to discussion the whole concept of democratic government. The second contingency would arise when the Governor is empowered under Article 200 to reserve a Bill for the consideration of the President if in the opinion of the Governor the provisions of the Bill will 'so derogate from the powers of the High Court as to endanger the position which the court is by this constitution designed to fill.'19 The third contingency would arise when the Governor is to issue an ordinance. The power of the Governor to reserve a proposal of the State Cabinet to issue an ordinance for instructions from the President should naturally be one that he exercises in his discretion.20 Fourthly, the Governor is expected to exercise his discretion under instructions from the President when a Proclamation re: breakdown of constitutional machinery is to be announced.21 Other contingencies under which the Governor is expected to exercise his discretion are the selection of the Chief Minister and the dissolution of the State legislature. The Governor's discretion in the first place is limited if a political party is returned to the legislature with an absolute majority. In the remaining circumstances the Governor may use his discretion. In any case, the Governor in such circumstances listens to the advice of the Union Government. In respect of

dissolution of the State legislature the Governor sometimes listens to the advice of the retiring Ministry and sometimes not.22

A review of the Governor's powers clearly reveals that the Governor is to act on the advice of his Council of Ministers in respect of most of his executive functions23 but there are contingencies defined by the President where he is to act under instructions from the President. There is still some field in respect of which the Governor may use his discretion if he so pleases but even in these contingencies he prefers to seek the advice of the Union Government. This has led the Governors to regard their office as merely ceremonial. To counter-act this apathy on the part of the Governors Nehru suggested that they should take more active interest in the state affairs. Nehru is also believed to have requested the Chief Ministers to treat the Governors as elder statesmen

and consult them on all State matters.24

Prime Minister Shastri also considered the role of the State Governors vital. It is expected that the Union Government may soon frame rules to define the powers of the Governors which are left vague in the constitution.25 The role of the Governor is, however, not that of an active politician. 26 Governments are also expected to be beyond criticism in the legislature. 27 Governor And Chief Minister

According to Article 164(1) "the Chief Minister shall be appointed by the Governor and the other Ministers shall be appointed by the Governor on the advice of the Chief Minister, and the Ministers shall hold office

22. Ibid. p. 472.

23. See also CAD, VIII, p. 467.

24. Civic Affairs, Vol. 6, No. 2, 1958, P. 25.

Secab, K. Santhanam, Transition in India 1964,
PP. 45-46.

25. The Hindustan Times, 27th November 1964. See also Editorial, "Making the Governors' Bffective," Civic Affairs, Vol. 6, No. 5, (1953), p. I and pp. 66-68.

26. The Hindustan Times, 12 March 1966; See also The Hindustan Times, 5 October 1964.

27. The Hindustan Times, 20 January 1964. See also Governor of Rajasthan's conduct in The Hindustan Times, 24 March 1966.