At least three UPA-appointed Governors face the sack on the ground that “Constitutional immunity to Governors does not apply to those who are wanted for ongoing investigations.”
Narrowing down the list of Governors who face likely removal, a highly placed government source specifically mentioned the names of Shiela Dixit (Kerala), MK Narayanan (West Bengal) and Bharat Vir Singh Wanchoo (Goa).
The CBI wants to examine Narayanan and Wanchoo in the AgustaWestland VVIP chopper deal. The investigating agency has maintained that the examination of the two constitutional functionaries is important as Wanchoo and Narayanan had participated in the meeting in 2005 that allowed key changes in technical specifications, which led to the 12-helicopter contract being clinched by AgustaWestland.
Wanchoo was the Director of the Special Protection Group (SPG) while Narayanan was the National Security Advisor to the UPA regime.
In Shiela Dikshit’s case, an FIR has been lodged against her in a streetlight project scam ahead of the Commonwealth Games. The Government source pointed out that Dikshit’s appointment was particularly inappropriate as it was done while the Model Code of Conduct was in force.
In this context, the source quoted Article 361(2) of the Constitution to clarify that while Governors may be exempt from criminal proceedings, they were not exempt from investigation and this could be construed as valid grounds for removing them.
“A Governor can be sacked for a reason. You don’t have to justify the reason, but it (the reason) has to be recorded on the file. The Government can act in its wisdom,” the source said.
Article 361(2) of the Constitution reads: “No criminal proceedings whatsoever shall be instituted or continued against the President, or the Governor of a State, in any court during his term of office”.
Move questioned While the Congress has questioned the Constitutional validity of the reported move to remove the governors, indications are that the Government is not ready to retract anytime soon. Unless the incumbents choose to leave gracefully, the turn of events could lead to the first big confrontation between the UPA and the newly-formed NDA Government.
“The new Government must be allowed to function with the freedom that it deserves. Under the circumstances it may be best for the incumbents to take an enlightened call,” said the source.
He, however, said that there was no plan to remove all UPA-appointed Governors. He added that most were retiring shortly while a few could still continue.