Just like Bihar, Guv

: that the governor is not the servant of the Centre. A Constitution Bench of the Supreme Court in Hargovind Pant’s case unanimously and categorically ruled that the governor cannot be regarded as an employee or servant of the Government of India. The Supreme Court further observed, “it is impossible to hold that the governor is under the control of the Government of India. He is not amenable to the directions of the Government of India, nor is he accountable to them for the manner in which he carries out his functions and duties. His is an independent constitutional office which is not subject to the control of the Government of India”.

Proper discharge by the governor of his constitutional role in the bizarre political twists and turns in Karnataka is essential for proper maintenance of Centre-state relations. The office of the governor is an important political institution. John Stuart Mill reminds us that “political institutions are the work of men; owe their origin and their whole existence to human will. In every stage of their existence they are made what they are by human voluntary agency”.

Rejection by the governor of Yeddyurappa’s claim to form the Government on the ground that majority has been cobbled by foul and unethical means, like horse-trading and allurements, would be unconstitutional. Indeed, such a decision would be contrary to the Supreme Court’s aforesaid authoritative ruling in the Bihar assembly dissolution case. Besides, it would be a fatal blow to the federal fabric of our Constitution which at all costs should be avoided.

The writer is a former attorney-general for India...

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