Classical interpretation of democracy is a “Government of the people, by the people and for the people”. This adage is too well known to political pundits and is not contradicted. But the essence of the dictum is little discussed and less implemented. In a democracy, the Government assumes power because the majority of people of the State have voted a particular political party to power. Going by the philosophy of majority vote, the Government is, naturally, answerable to the majority of vote. But when the Government falls for one reason or the other, there is a vacuum in the administration until the time next elected Government takes over. Now, dealing with the practical part of an elected Government, when it comes to power, it makes various appointments in recognized organizations according to its choice. That means the persons recruited to lead these Government or semi-Government organizations, technically called non-statutory Boards and Commissions, are not at variance with the political agenda of the Government. They are partisans with authority to implement Government policy. This is also the case with the Council of Ministers. Incidentally, the Chairmen or the Vice Chairmen of these Boards and Commissions enjoy the status of a minister in the council of ministers. They also enjoy the privileges that are available to the ministers.
Now in case the Government falls for one or the other reason or resigns, the Council of Ministers is dissolved and the logic is that the Directors/Vice Chairmen/Chairman/ Attorney General etc. who were appointed to various Boards and Commission, too, have to quit. In particular, when the Governor’s rule is imposed, a new structure called Advisers and State Advisory Council come into being to run the administration of the State. The Council comprises the advisers and the senior bureaucrats nominated by the Governor and they all enjoy almost the same powers as are enjoyed by the Cabinet in an elected Government. It is, therefore, expected of the Vice Chairmen/Chairman of the non-statutory bodies to resign with the ouster of the Government because they do not enjoy the vote of the majority of people.
With the demise of Mufti Mohammad Sayeed on January 7, the coalition failed to nominate the new leader of the legislative party and form the Government. This resulted in the takeover of the administration by the Governor. Naturally, the Governor expected the Vice Chairmen, Chairmen or Directors of non-statuary bodies including the Attorney General and their staff to resign and quit the Government. Surprisingly, none of them resigned and they continued to stick to their position. This indicates disregard of standing rules by the incumbents besides the lack of moral sense. It will be reminded that the Governor had to ask the Attorney General to resign immediately after the coalition Government fell and he had no option but to oblige.
Keeping this scenario in mind the State Advisory Council has passed what is now called Standard Operating Procedure (SOP). It has clarified and put in black and white what procedure is to be adopted in case of an elected Government falls and Governor’s rule is imposed in the State. The SOP released the other day by the Government has now made it mandatory that whenever the democratically elected Government gives way to the Governor’s rule, the Chairpersons, Vice Chairpersons and Members of all statutory and non-statutory Boards/Organizations will have to resign. This is in fairness of things because these positions are filled according to choice by the outgoing Government. The SOP orders that all gazetted/ non-gazetted staff posted in personal sections of Ministers, Ministers of States, Chairpersons and Vice Chairpersons of Boards/ Corporations and Commission would be recalled immediately after the Government ceases to exist.
The SOP is a great initiative and would ensure that none misuses his official position after imposition of Governor’s rule in State and in violation of the constitution.
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