Hindi English Translation || Editorial || Lines and roles: On Governors

Lines and roles: On Governors

The time may have come for clarifying the role (भूमिका, कर्तव्य, उत्तरदायित्व) and functions of Governors

Signs of a confrontation (आमना-सामना, झगडा, लड़ाई) between Raj Bhavan and the elected government in a State are not infrequent (दुर्लभ, असामान्य) in the country. The onus (कर्तव्य, जिम्मेदारी, दायित्व) often appears to be on the Chief Ministers to avert (टालना, रोकना) a constitutional crisis (संवैधानिक संकट), as evidenced (सबूत, साबित करना, स्पष्ट करना) by Pinarayi Vijayan trying to buy (खरीदना) peace with a miffed (नाराज़, परेशान) Governor, Arif Mohammed Khan, rather than (इसके बजाय, के बदले) pursue a confrontational (शत्रुतापूर्ण, तर्कपूर्ण) course, over several issues in recent times. One way of seeing these developments is to attribute them to the appointment of those who have been politically active in the recent past as Governors and the partisan (पक्षपातपूर्ण, पक्षपाती, एकतरफा, अन्यायपूर्ण) role they play as agents (representative, broker, spokesperson, mouthpiece) of the Centre. However, the problems may have to do with the way they understand their own powers. Constrained (विवश करना, सीमित करना, रोकना, जाँचना, रोकना) by the ‘aid and advice (सहायता और सलाह)’ clause (stipulation, condition, specification, requirement, provision) in their routine functioning, some Governors seem to be using the discretionary space available to them to keep regimes (government) on tenterhooks (in suspense; edgy/nervy, in a state of agitation). A Constitution Bench (a bench of the Supreme Court having five or more judges on it. These benches are not a routine phenomenon. Constitution Benches are exceptions, set up only if some circumstances exist). (A bench of two or three judges is called a division bench)) of the Supreme Court laid down in 1974 that the President and Governor shall “exercise their formal constitutional powers only upon and in accordance with (in agreement with, in conformity with, in line with, in compliance with) the advice of their Ministers save in a few well-known (familiar, customary, conventional, established) exceptional (extraordinary, unusual, uncommon, rare) situations” — “situations” also illustratively (explanatorily, elucidatorily) listed. Yet, there is the extraordinary situation of some Governors not acting upon requests to grant clemency (mercy, leniency, forgiveness/forbearance; compassion, pardon) or assent to Bills (A Bill is a draft statute that becomes law after it is passed by Parliament ( for nationwide statute) / Legislative Assembly (for statewide statute) and assented to by the President. All legislative proposals are brought before Parliament/Legislative Assembly in the forms of Bills); and, in one instance in Tamil Nadu, a reluctance to reserve (give something (a resource) to a particular person) for the President’s consideration a Bill that expressly (absolutely, clearly, obviously, unequivocally, unmistakably) requires Presidential assent because of obvious (visible, apparent, clear, evident) conflict (dispute, quarrel, squabble, disagreement, difference of opinion) with a central law.

Much of the conflict arises due to (because of, owing to, as a result of) the Constitution itself. It fixes no time-frame for the Governors to act, and contains, in Article 163, an unusual power to choose what is in their discretion (choice, option, preference, volition) and what is not, with the courts being barred (prohibit, prevent, forbid, ban) from inquiring into whether any advice and, if so, what advice was given. The Sarkaria Commission (The Sarkaria Commission (under the Chairmanship of Justice R.S. Sarkaria with Shri B. Sivaraman and Dr. S.R. Sen as its member) was set up in 1983 by the central government of India. The Sarkaria Commission was set up to examine and review the working of the existing arrangements between the Union and States in regard to powers, functions and responsibilities in all spheres and recommend such changes or other measures as may be appropriate) on Centre-State relations recommended no change in this scheme, but it is time it is revisited (reconsider, review, re-examine, re-evaluate, reassess). While as the ‘lynchpin (most important, main, focal, central (thing))’ of the constitutional apparatus (system, arrangement, regime, mechanism), Governors indeed have a duty to defend (protect, secure, safeguard) the Constitution and encourage or caution the elected regime, the impression (opinion, view, conception, feeling) that Governors are not obliged to heed (pay attention to, take into account, consider) Cabinet advice persists (continue, carry on, go on, keep going) in some areas. At a time when regional political forces are actively seeking (ask for, request, appeal for; try, aim, attempt) to be heard by the Centre, it may be time that the provisions (clause, (legal) term, stipulation, requirement, condition) relating to the Governor’s role are amended (revise, alter, change, qualify). Identifying areas of discretion, fixing a time-frame for them to act, and making it explicit (definite, distinct, clear, well defined, precise) that they are obliged to go by (follow, obey, abide by, adhere to, conform to) Cabinet advice on dealing with Bills can be considered. Regarding Bills, it is clear that the Constituent Assembly (The Constituent Assembly of India, consisting of indirectly elected representatives, was established to draft a constitution for India. It existed for approx. three years, the first parliament of India after independence in 1947) passed the provision for Governors to return Bills for reconsideration only on the express (rapid, swift, fast, quick, speedy, prompt) assurance that they have no discretion at all (in any way). In addition (as well as, additionally, moreover), as suggested by the M.M. Punchhi Commission (The Government of India constituted a Commission on Centre-State Relations under the chairmanship of Justice Madan Mohan Punchhi, former Chief Justice of India on 27th April 2007 to look into the new issues of Centre-State relations keeping in view the changes that have taken place in the polity and economy of India since the Sarkaria Commission had last looked at the issue of Centre-State relations over two decades ago), ending the practice of burdening (cause trouble to, cause suffering to) Governors with the office of Chancellor (the chief administrative officer of a university) in universities should also be considered.

Courtesy: The Hindu

Important Word List With Meaning

1.line (noun)

Hindi Meaning - सीमा, रेखा
English Meaning - boundary, limit.

2.role (noun)

Hindi Meaning - भूमिका, कर्तव्य, उत्तरदायित्व
English Meaning - duty, responsibility, job, task, function.

3.confrontation (adjective)

Hindi Meaning - आमना-सामना, झगडा, लड़ाई
English Meaning - clash, fight, conflict, tussle, skirmish.

4.infrequent (adjective)

Hindi Meaning - दुर्लभ, असामान्य
English Meaning - rare, uncommon, unusual, irregular.

5.onus (noun)

Hindi Meaning - कर्तव्य, जिम्मेदारी, दायित्व
English Meaning - responsibility, duty, burden.

6.avert (verb)

Hindi Meaning - टालना, रोकना
English Meaning - prevent, stop, obstruct, deter, ward off.

7.constitutional crisis (noun)

Hindi Meaning - संवैधानिक संकट
English Meaning - it is defined as a situation when a country’s constitution is not able to clearly resolve an issue/problem/conflict in the function of a Government at it’s disposal.

8.evidence (verb)

Hindi Meaning - सबूत, साबित करना, स्पष्ट करना
English Meaning - indicate, show, reveal, display.

9.buy (verb)

Hindi Meaning - खरीदना
English Meaning - obtain something through exchange (of something else usually at a sacrifice).

10.miffed (adjective)

Hindi Meaning - नाराज़, परेशान
English Meaning - irritated, upset, raged, annoyed, displeased, offended, aggrieved.

11.rather than (phrase)

Hindi Meaning - इसके बजाय, के बदले
English Meaning - instead of.

12.confrontational (adjective)

Hindi Meaning - शत्रुतापूर्ण, तर्कपूर्ण
English Meaning - hostile, argumentative, aggressive, quarrelsome.

13.partisan (adjective)

Hindi Meaning - पक्षपातपूर्ण, पक्षपाती, एकतरफा, अन्यायपूर्ण
English Meaning - biased, prejudiced, one-sided, unjust, unfair, inequitable, unbalanced.

14.constrain (verb)

Hindi Meaning - विवश करना, सीमित करना, रोकना, जाँचना, रोकना
English Meaning - restrict, limit, curb, check, restrain.

15.aid and advice (phrase)

Hindi Meaning - सहायता और सलाह
English Meaning - The real authority to take decisions lies in the elected government. This is the meaning of ‘aid and advice’. Titular head (Governor/Lt. Governor) has to act in accordance to aid and advice.

16.pursue (verb)

English Meaning - engage in, conduct, take part in, take up (an activity).

17.course (noun)

English Meaning - path, way; approach, technique, strategy.

18.attribute (verb)

English Meaning - ascribe, assign, connect/associate with.

19.agent (noun)

English Meaning - representative, broker, spokesperson, mouthpiece.

20.have — to do with (phrase)

English Meaning - be connected with something to the level described.

21.clause (noun)

English Meaning - stipulation, condition, specification, requirement, provision

22.discretionary (adjective)

English Meaning - optional, voluntary, up to the individual, non-mandatory, non-compulsory.

23.regime (noun)

English Meaning - government.

24.on tenterhooks (phrase)

English Meaning - in suspense; edgy/nervy, in a state of agitation.

25.Constitution Bench (noun)

English Meaning - a bench of the Supreme Court having five or more judges on it. These benches are not a routine phenomenon. Constitution Benches are exceptions, set up only if some circumstances exist). (A bench of two or three judges is called a division bench).

26.lay down (phrasal verb)

English Meaning - formulate, stipulate, prescribe.

27.in accordance with (phrase)

English Meaning - in agreement with, in conformity with, in line with, in compliance with.

28.save (preposition)

English Meaning - except, except for, apart from, other than, besides, with the exception of, barring, excluding.

29.well-known (adjective)

English Meaning - familiar, customary, conventional, established.

30.exceptional (adjective)

English Meaning - extraordinary, unusual, uncommon, rare.

31.illustratively (adverb)

English Meaning - explanatorily, elucidatorily.

32.act upon (phrasal verb)

English Meaning - comply with, act in accordance with, follow.

33.grant (verb)

English Meaning - allow, accord, permit, present with.

34.clemency (noun)

English Meaning - mercy, leniency, forgiveness/forbearance; compassion, pardon.

35.assent (noun)

English Meaning - approval, agreement, concurrence, acceptance.

36.Bill (noun)

English Meaning - A Bill is a draft statute that becomes law after it is passed by Parliament ( for nationwide statute) / Legislative Assembly (for statewide statute) and assented to by the President. All legislative proposals are brought before Parliament/Legislative Assembly in the forms of Bills.

37.reluctance (noun)

English Meaning - unwillingness, disinclination, hesitation.

38.reserve (verb)

English Meaning - give something (a resource) to a particular person.

39.consideration (noun)

English Meaning - analysis, review, examination, inspection, scrutiny.

40.expressly (adverb)

English Meaning - absolutely, clearly, obviously, unequivocally, unmistakably.

41.obvious (adjective)

English Meaning - visible, apparent, clear, evident.

42.conflict (noun)

English Meaning - dispute, quarrel, squabble, disagreement, difference of opinion.

43.due to (phrase)

English Meaning - because of, owing to, as a result of.

44.Article 163 of the Constitution of India (noun)

English Meaning - It deals with “Council of Ministers to aid and advise Governor”.

45.Article 163 (1) of the Constitution of India (noun)

English Meaning - There shall be a Council of Ministers with the Chief Minister as 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.

46.Article 163 (2) of the Constitution of India (noun)

English Meaning - If any question arises whether any matter is or is not a matter as respects which the Governor is by or under this Constitution required to act in his discretion, the decision of the Governor in his discretion shall be final, and the validity of anything done by the Governor shall not be called in question on the ground that he ought or ought not to have acted in his discretion.

47.Article 163 (3) of the Constitution of India (noun)

English Meaning - The question whether any, and if so what, advice was tendered by Ministers to the Governor shall not be inquired into in any Court.

48.discretion (noun)

English Meaning - choice, option, preference, volition.

49.bar (verb)

English Meaning - prohibit, prevent, forbid, ban.

50.inquire (verb)

English Meaning - question, probe, investigate.

51.Sarkaria Commission (noun)

English Meaning - The Sarkaria Commission (under the Chairmanship of Justice R.S. Sarkaria with Shri B. Sivaraman and Dr. S.R. Sen as its member) was set up in 1983 by the central government of India. The Sarkaria Commission was set up to examine and review the working of the existing arrangements between the Union and States in regard to powers, functions and responsibilities in all spheres and recommend such changes or other measures as may be appropriate.

52.revisit (verb)

English Meaning - reconsider, review, re-examine, re-evaluate, reassess.

53.lynchpin (noun as modifier)

English Meaning - most important, main, focal, central (thing).

54.apparatus (noun)

English Meaning - system, arrangement, regime, mechanism.

55.0indeed (adverb)

English Meaning - in fact, actually, undeniably.

56.defend (verb)

English Meaning - protect, secure, safeguard.

57.impression (noun)

English Meaning - opinion, view, conception, feeling.

58.oblige (verb)

English Meaning - require, compel, bind, constrain, obligate, force, put under an obligation.

59.heed (verb)

English Meaning - pay attention to, take into account, consider.

60.persist (verb)

English Meaning - continue, carry on, go on, keep going.

61.seek (verb)

English Meaning - ask for, request, appeal for; try, aim, attempt.

62.provision (noun)

English Meaning - clause, (legal) term, stipulation, requirement, condition.

63.amend (verb)

English Meaning - revise, alter, change, qualify.

64.time-frame (noun)

English Meaning - a particular period of time in which something is taking place; target date, deadline, finishing date.

65.explicit (adjective)

English Meaning - definite, distinct, clear, well defined, precise.

66.go by (phrasal verb)

English Meaning - follow, obey, abide by, adhere to, conform to.

67.Constituent Assembly (noun)

English Meaning - The Constituent Assembly of India, consisting of indirectly elected representatives, was established to draft a constitution for India. It existed for approx. three years, the first parliament of India after independence in 1947.

68.express (adjective)

English Meaning - rapid, swift, fast, quick, speedy, prompt.

69.at all (phrase)

English Meaning - in any way.

70.in addition (phrase)

English Meaning - as well as, additionally, moreover.

71.M.M. Punchhi Commission (noun)

English Meaning - The Government of India constituted a Commission on Centre-State Relations under the chairmanship of Justice Madan Mohan Punchhi, former Chief Justice of India on 27th April 2007 to look into the new issues of Centre-State relations keeping in view the changes that have taken place in the polity and economy of India since the Sarkaria Commission had last looked at the issue of Centre-State relations over two decades ago.

72.burden (verb)

English Meaning - cause trouble to, cause suffering to.

73.Chancellor (noun)

English Meaning - the chief administrative officer of a university.