Full text of Gujarat BJP’s open charge sheet against Gujarat Governor

The rally that was

Ahmedabad, 25 September, 2011

Gujarat Governor smt Kamala Beniwal is holding the highest constitutional post of a governor in Gujarat. Yet after swearing under oath to uphold her constitutional obligations she has been acting in a whimsical way which goes against the grain of Indian federal character of the constitution.

Despite occupying an august political position Smt Kamla Beniwal has repeatedly shown her inclination to act against the constitutional provisions hurting the sentiments of the people of Gujarat and those who wish to see a genuine democracy flourish in the state.

For quite sometime Smt Kamla Beniwal’s action has been to demean the office of governor and bring a bad name to democratic traditions by her autocratic approach to issues concerning the present government which has been elected with a thumping majority by the people of Gujarat.

In the recent past there were many instances when Smt Kamala Beniwal had acted in such hasty manner without taking the state government into confidence. Her actions were replete with instances when the provisions of the Indian constitution was contravened. The governor overlooked the advice of the state cabinet. This is despite the fact that these decisions were taken by the governor without proper constitutional authority which has cast a slur on Indian constitution.

Even some of her actions have been an impediment in the day-to-day functioning of the state government.

In the 50 years of Gujarat’s existence never has a governor behaved in this fashion. Instead of upholding the rich traditions of the post of governor and setting an example of personal integrity to six crore people of Gujarat, the governor has brought her constitutional office into disrepute by turning the Rajbhavan into a Congress bhavan.

The following instances will amply demonstrate what the governor has done to bring the democratic traditions that prevailed in the state of Gujarat turning it into a political battlefield.

Charge Sheet

1. The decisions taken by the government in passing pressing bills and approved by the cabinet has either been sent back to the government on the specious plea that it comes within the ambit of her constitutional duties in taking a partisan view.

In her tenure as governor since 2009, Smt Kamala Beniwal has not given approval to five important bills. In the last decade whatever bills have been held up due to her obduracy half the bills pertain to her tenure.

It is an accepted tradition that whatever bills are passed in the legislative assembly the governor ought to give approval unless there is some exceptional circumstances that calls for the governor to take a different stand/

Most of the bills were returned back to the government which was in the first instance passed after a lot of consideration and discussion. By looking at her decision closely it seems that she was more concerned with the sensibilities of the chief opposition party, the Congress. Is there therefore any rationale to her behavior other than to embarrass the duly elected state government?

Let us see the bills that have been returned by Smt Kamala Beniwal.

-Impact fee bill: The fee was meant to help the common man to regularize the so-called illegal construction and yet this was taken amiss by the governor who declined to give her approval. If a poor or a middle class person had built a house and done some extension work like having an extra room built of constructed a small parking shed should it be demolished on the grounds that the construction was illegal resulting in severe loss to the people concerned? Giving due consideration to this humane problem the government had introduced the impact fee bill to such irregularities which was passed after due diligence.

-50 per cent reservation for women in local bodies: The BJP government of Gujarat had taken a revolutionary step in women’s empowerment by introducing 50 per cent reservation for women in local bodies. This is due to the fact that Gujarat comprises 50 per cent women. But the governor would not have it and rejected the bill for trivial reason and this historic step of the BJP government in Gujarat has come to a nought.

-A bill passed against anti-social elements to stop illicit liquor trade. Even this was rejected by the governor on trivial grounds.

2. Interference in University administration. The senate and the syndicate are independent bodies to oversee and run the universities. Smt Kamala Beniwal as governor has been misusing her authority as the chancellor of universities by interfering in day-to-day administration of universities of Gujarat though the education department is also monitoring the universities for its efficient running and administration. Her actions have generated unnecessary controversies through she could have stuck to her gubernatorial role and upheld the prestige of her post.

-When it came to appointing vice-chancellor of North Gujarat University a committee was formed and the members were supposed to be below 62 years as stipulated by law. Smt Kamala beniwal approved a man of her choice for the committee despite the fact that he was above 62 years and against the rule.

-Controversy over the appointment of registrar of Saurashtra University: The governor took unhealthy interest in the appointment of the registrar. Such instances are plenty but due to paucity of space it limits us to elaborate on this issues.

3. Democratically elected government has been supplanted to serve the purpose of the Congress-dominated central government with governor playing the role of a political agent.

Indian constitution talks about a federal character of India and the state has been given special administrative powers in this regard. In one state therefore no two power centres can co-exist. This will not be acceptable to the constitution or in proper functioning of the state. Yet the present governor has behaved contrary to this lofty aim of upholding a vital federal principle. She has gone too far even meddling with district and state administration when she went above the head of the elected government by order both state and districts officials. This is nothing by trying to rule the state through the backdoor.

As per the recommendations of Sarkaria commission the time frame fixed for the governor is giving assent to the bills passed by the state assembly is a crucial stipulation. But even when the bills had been sent back to the state government for reconsideration the governor still refused to give her assent. This clearly shows her intention to harass the state government and act as a stumbling block to whatever the government takes steps in public interest and to improve the living condition of the common man. If one sees her actions every since 2009 after taking over as governor six vital bills had been rejected on trivial grounds which equals half of the bills that were sent back for reconsideration during the past decade by different governors. All this indicates her ill-feeling towards the present state government.

4. We would like to mention several such instances relating to the appointment of Lokayukta. Since it is subjudice we would not like to comment on it.

Therefore Smt Kamla Beniwal has been acting against her constitutional obligations and willfully discriminating against the state of Gujarat and its elected government.

She has created a climate of mutual distrust and set in motion a confrontational approach by many of her unilateral decisions. This has led to open assault on the federal character of our constitution bringing into question the fair name of the post of governor and Rajbhavana.

Smt Kamala Beniwal as an individual has had a cherished past with her long accomplishments in public life. Yet after occupying the post of governor of Gujarat she has misused her post and tried to unsettle and embarrass the BJP government elected by 2/3rd majority. This is not merely a slur on the post of governor itself but an insult to the intelligence of the six crore Gujaratis.

In the past decade the people of Gujarat have elected the same government three times. The incumbent government has been working within its constitutional limits and when it is so doing the dubious actions of the governor will not be tolerated by the people. She has clearly lost her moral authority to sit in the august office of Governor. The Gujarat state BJP has unanimously resolved that the central government recalls the governor so as to safeguard the federal structure of our polity.

The central government in recalling Smt Kamala Beniwal should instead send a person of integrity who values the rule of law and respects the dream of six crore Gujaratis who have charted a path of progress and prosperity. This has been the resolution adopted by the state BJP.