SCOPE OF ARTICLE 164(1)

An article written by R. B. Singh that was originally published in Our Leader (Allahabad edition) on November 6, 1993

We have witnessed something in Karnataka, which needs mention.

            A Division Bench of Karnataka High Court consisting of Mr. Justice Ramajois and Mr. Justice N. D. Venkatesh had passed certain strictures in Arrack Bottling contact to Messrs Sea Shell Bottling Company; in pursuance of the above, Ram Krishna Hegde, Chief Minister of Karnataka, sent his resignation on 11^th February, 1986 to A. N. Banerjee, Governor of Karnataka, who was on tour.

             It was announced that the Governor would return the next day. Rama Krishna Hegde, later left for Kanpur to attend the wedding of a relative.

A.               N.  Banerjee, Governor of Karnataka on February 12, 1986 deferred the acceptance of the resignation of Rama Krishna Hegde, Chief Minister of Karnataka; it was announced that the Governor would take a decision on it on Friday, the February 14, 1986, the Speaker need out a statement that the law and parliamentary Affairs Minister had informed him of Mr. Hedge’s resignation and he was adjourning the house sine die.

Arjun Singh, vice President of Congress (i) party on February 13, 1986 at a hurriedly convened press Conference, questioned the ptopriety of Karnataka Governor with holding the resignation of the Chief Minister Mr. Ram Krishna Hegde and said this had created a vaccum. In the event of resignation of a Chief Minister, it was the Governor’s responsibility to accept or the reject it. The later being very rare.

The Governor’s decision to with held the resignation has bogged down the normal constitutional process; he told.

The right course for the Governor, Mr. Arjun Singh and Mr. Bhagawat Jha Azad, General Secretary Incharge of Karnataka said, would have been to accept Mr. Hedge’s resignation and asked him to continue till alternative arrangement was made.

In wake of the above assertion, A. N. Banerjee, Governor of Karnataka accepted the resignation of the Chief Minister Ram Krishna Hegde on February 13, 1986 in late hours of night, ( a day before the day fixed by him or the same after talked with Hedge), without waiting for the return of the Chief Minister Ram Krishna Hegde from Kanpur.

There was hectic political activities in Delhi…..after it the Janta Legislative party of Karnataka met on February 16, 1986 at Bangalore and re-elected Ram Krishna Hegde, the outgoing Chief Minister of Karnataka as its leader. His name was proposed by Mr. Chandrashekhar, President of Karnataka Janta Party and seconded by N. S. Narayan Rao, General Secretary of Janta Party.

Ram Krishna Hegde, later told newsmen, as a humble party worker I have no alternative but to accept the decision of the Janata Legislative party of the state.

The re-election of Ram Krishna Hegde, as leader of the Janta Legislative Party of Karnataka was communicated to the Governor same day , and he was requested to re-invite him to form a Government by the Secretary of the Janta Legislative Party of Karnataka.

The Governor of Karnataka accepted the above , and invited Ram Krishna Hegde to form a government. He administered oath of office and secreacy to Ram Krishna Hegde on February 16, 1986 at about 3 p.m. with him were also sworn in 14 Cabinet Ministers and 15 Ministers of state; thus ended the drama on February 16, 1986 annunciated by Ram Krishna Hegde on February 11, 1986 by sending his resignation to the Governor.

1.    In the above process the Chief Minister of Karnataka used and exercised the constitutional process mentioned in Article 164(1) of the Constitution of India of submission of his resignation.

2.   The Governor of Karnataka used and exercised the constitutional process, mentioned in  the same Article of the appointment of the Chief Minister and 29 other ministers.

3.  The Governor of Karnataka used and exercised the constitutional process mentioned in the same Article administering of oath to the Chief Minister and Ministers.

1.   The submission of the resignation by Ram Krishna Hegde, Chief Minister of Karnataka had caused one constitutional process to take place; for the sake of his political expediency or otherwise…..

2.   The acceptance of the resignation of Ram Krishna Hegde, Chief Minister of Karnataka by the Governor, other developments and his swearing along with other ministers had caused three more constitutional processes to take place.

3.         Had the Governor of Karnataka struck to is earlier decision of February 12, 1986 by which he had deferred the acceptance of the resignation of Chief Minister Ram Krishna Hegdetill talks with him on Friday i.e. February 14, 1986 or for few days more certainly the process as found our between February 13, 1986

But the havoc created by the version of Arjun singh, Vice President of Congress (I) Party and Bhagwat Jha azad, General Secretary had caused the hasty acceptance of the resignation of Chief Minister Ram Krishna Hegde by A. N. Banerjee, Governor of Karnataka and multiplication of the constitutional process. Chandrashekhar, Janta Party president from the very start of the Karnataka Drama was insisting that Chief Minister, Ram Krishna Hegde need not resign his office…. In the entire process of the resignation of Ram Krishna Hegde on February 11, 1986… thus had become an extra constitutional centre of power too, like Vice President of ruling Congress (I) Party Arjun Singh.

            The Governor of State has one and only one adviser the Chief Minister and his council of Ministers which continue to command the uninterrupted confidence of the Legislative Assembly of the State.

1.       Here the faith of the Legistlative Assembly had not been lost; It was retaining

Ram Krishna Hegde, Chief Minister of Karnataka and his Council of Minister of Karnataka and only Ram Krishna Hegde was running away.

2.  If Ram Krishna Hegde would have run away; the Janta Legistlative Party to Karnataka would have elected a leader who would have come out with full vigour and formed the Government as Chief Minister of state and deformed his Constitutional function under relevant articles of the constitution of India.

3.   There was no need for Governor to accept the advice of the extra constitutional center of power i.e. Vice-President of ruling Congress(I) Party of the Centre and its general secretary and make a mess of every thing .

4.   The relationship between A. N. Banerjee of Karnataka and Ram Krishna Hegde, Chief Minister of Karnataka and his cabinet were strained from the begning  they become cordial due to the cordiality and good will developed due to the process of the reconciliation , understanding and toleration then by Rajive Gandhi , Prime Minister of India……. Now this heavy acceptance of the resignation of the Chief Minister Ram Krishna Hegde on February 13, 1986 after deferring it on February 12, 1986 till February 14, 1986 had sowed the seed of his content again.

I advice both the Governor and the Chief Minister to come together for getting this discontentment.

One question to Arjun singh. Vice President of ruling Congress (I) Party of the Centre.

You have served as Chief Minister of Madhya Pradesh, along with three Governors, C.M. Poonacha, Bhagawat Dayal Sharma and K. M. Chandi …. If you would have submitted your resignations like Ram Krishna Hegde and they would have deferred the acceptance of your resignation for two days for talks to you and then would have accepted it hastily the next day; what you would have experienced , you certainly would not have admitted the said act of the Governor but would have felt it otherwise.

            Why you sent a havoc by your press conference of February 13, 1986 by which the Governor became an easy prey and hastily done something which he would not have done otherwise.

A.        N.    Banerjee Governor of Karnataka, had done something like Governor Dharma Vira, D. C. Pavate, Ram Lal , Jagmohan, etc. of the times of previous regimes.

In the end I have to emphasis that the office of the Governor is a constitutional office, he is the HEAD OF STATE, the nominal executive, the replica of British Monarch, he should not subject himself to the dictates of Delhi, but always act on the advices of his constitutional Advisers or the Chief Minister and his Council of Ministers of the State.