Snubbed by Governor Mridula Sinha, the Laxmikant Parsekar government opted for the ordinance route to ensure that Dr Satish Shetye would continue as Vice Chancellor of Goa University for another year. Last week, after the government recommended to the Governor that the Goa University statutes be amended to extend the term of Dr Shetye, she turned down the request and directed that he be relieved from office. Instead of acting on the direction, a day later the government issued an ordinance paving the way to extend the VC’s term and moved it to the Governor for her consent. She gave her consent on Saturday and the VC gets an extended term.
Promulgating ordinances is a power given to the Governor of a State by Article 213 of the Constitution of India. The Governor can promulgate an ordinance if the Legislative Assembly is not in session and the circumstances so warrant that a law needs to be amended or changed or a new law promulgated with immediacy. The power is to be used in an emergency and the governor acts on the advice of the council of ministers. An ordinance once promulgated is as good as a law and has to be tabled in the Legislature when it assembles so that it can be ratified by the House. But the power is to be used rarely, in emergencies. It is questionable whether the extension of the VC’s term was an emergency that warranted an ordinance.
This is not the first time that the Laxmikant Parsekar government is opting for an ordinance to get its way. Just earlier this month, the government had approved an ordinance for the establishment of eco-tourism projects in eco-sensitive zones of the State. That has attracted quite a bit of criticism from environmentalists who fear damage to the protected areas. Earlier this year, the government had promulgated an ordinance to hold the Zilla Panchayat polls on party lines that had also attracted a lot of criticism. That again was not an emergency that merited an ordinance.
Promulgating ordinances on a regular basis dilutes the democratic process as it does not allow for debate before the law that has been promulgated becomes effective. The attempts to make policy changes or effect amendments to existing laws through ordinances, needs to be checked. It has been happening quite regularly in the State and has at all times been met with opposition. It also indicates that there is a government that is adamant on its views and will take forward its agenda, without waiting for debate.
By this act, of promulgating an ordinance to giver the University VC an extension, the government has indicated that its diktat will not be diluted or set aside by any hurdles. Which gives rise to the question of whether the government is at loggerheads with the Governor?
It is rare that a government of a party and a Governor appointed by the same party may not see eye-to-eye on various issues, but this is the second time in a few months that the Governor is turning down a proposal made by the government. Less than two months ago she had returned to the government the file moved to pardon Nuvem MLA Francisco (Mickky) Pacheco while he was serving his sentence in jail. Pacheco was later released early for good behaviour.
The Governor is bound to act on the advice of the council of ministers and in this case, would have no option but to sign the ordinance that the government has presented her with. It is the government that should rein in the tendency of making changes through ordinances. Such frequent promulgations of ordinances only leads to a misuse of power that has been granted by the Constitution.
