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Why I'm glad Najeeb Jung quit

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Rajeev Dhavan
Rajeev DhavanDec 26, 2016 | 10:56

Why I'm glad Najeeb Jung quit

On January 18, 2017, Jung will be 65 years old — the right time for him to retire. A nice man with a gentlemanly style messed up the most important job he had or could ever have.

Some called him the “Reliance man”. He had a stint in the ministry of petroleum. At ONGC, he had some role to play in the Panna-Mukta oilfields going to a Reliance–ONGC–British Gas consortium. His stint in the Madhya Pradesh cadre found few admirers.

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No great record

He became the director, research, in the Reliance-run Observer Research Foundation. His role in the JK Task Force is not too renowned either. He should have retired in 2011 but had enough friends in the government (not excluding the St Stephens connection).

He became vice-chancellor of Jamia Milia with no great achievement to his name. Jamia was embroiled in many controversies which he did not resolve in any great measure. I did advise him on one matter involving Jamia. I found him concerned and gracious — the hallmark of his personality.

Suddenly, a dubious attempt of the Congress to appoint their man led to Jung becoming lt-governor. Investigation of the paper work might reveal something, until which political patronage seems appropriate.

Curiously, a Muslim and a secularist, he supported the strange 8,000-page judgment of the Allahabad High Court in the Babri Masjid case which is still to be confirmed by the Supreme Court. Why?

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The autocracy insisted that unless things were cleared by Jung, the government would not run at all.

Perhaps, the timing was perfect. What should be the qualifications of a governor or lt-governor? We have seen these gubernatorial posts being rolled in the mud.

From the mid-60s, governors have been hit-men for their government. The office was demeaned by the Congress, taken advantage of by the Janata government and unredeemed by governments that followed.

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Though aware of the governors discretionary powers, the Drafting Committee called the post “purely ornamental”. The wise Sir Alladi foresaw clashes between a Centre-nominated governor and an elected government.

Dharam Vir sacked the chief minister of Bengal. Many CMs were forced to resign. Governors had no security of tenure and were thrown out of the Raj Bhawans they lived in.

There are only a few governors in independent India’s history that rose to give their job constitutional and democratic dimensions. The constitutional practice of 66 years has not yielded a criteria on the basis of which distinguished statesmen and independent, democratic and just governors were to be chosen.

We need a proper consultation procedure ratified by the Rajya Sabha to appoint governors.

Steady decline

What applies to governors also applies to lt-governors — especially in the case of Delhi. Before 1966, Delhi was run by a chief commissioner. Amongst the last, was the distinguished Bhagwan Sahay.

The first lt-governor of Delhi was Aditya Nath Jha, an ICS officer. He was a giant, physically and as constitutional authority. He retained that office despite differences with Chavan till he died

A steady decline began. Forget lt-governor’s being independent, for the most part, parties in power at the Centre were the same as the one elected to the NCT. The entire constitutional scene changed in 1992 when Delhi got a democratically elected government.

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From 1992, the governments at the Centre and Delhi were mostly common. But although AAP had a majority of 67 to 3, Jung blocked every move of it. He says he met Modi twice to resign, but was persuaded not to.

Obviously, the home minister was au fait with Jung. We will not ever get a full picture of why Jung resigned. Conscience may not be his strong point.

An autocracy

What Jung managed to do is turn the constitutional provisions for Delhi upside down. A democracy became an autocracy. The autocracy insisted that unless things were cleared by Jung, the government would not run at all.

The Constitution gives the Centre power over land, public order and police. For all other purposes, Delhi is a parliamentary democracy. Jung keeps repeating Delhi being a UT as a defensive formula.

Look at the Constitution which lists seven UTs. Can you compare Delhi’s democratic set-up with the Andamans, Lakshadweep, Daman and Diu? Unlike Pondicherry, Delhi’s democracy is full blown. It says the lt-governor will be bound “by the aid and advise” of the Cabinet.

“Aid and advise” is also the term used for Modi’s government. Can the President say he will take Modi’s advise only when he feels like? The lt-governor is the ceremonial head of state in all other areas.

On August 4 2016, the Delhi High Court endorsed Jung’s autocracy, clearly forgetting Delhi’s government was a full-fledged democracy. The exceptions were made because Delhi is also the national capital.

What Jung did was decide that all appointments and transfers had to be made by him. Appointments to the electricity board were made by him. He asked for 400 files and appointed the Shunglu Committee, which has no legal basis.

These are powers which even a court or Lokpal doesn’t have. I am glad Jung has resigned. Like everyone else, I wish him well.

(Courtesy of Mail Today.)

Last updated: December 26, 2016 | 10:56
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