361936

Mr. President, Sir, I stand here to support the amendment moved by Friend Shri Brajeshwar Prasad and supported by my Friend Mr. Kamath. Sir, I must frankly confess that I also for some time held the view that the system of election by direct vote would be a better one compared to every other system. But I should say that I have changed my views in the matter because I am one of those who have given some thought to this question and come to the conclusion that the proposal of nomination or appointment as suggested in the amendment is a better one in the circumstances that we have today. Sir, I find that those friends who opposed this proposal of appointment by the President did it mainly or two grounds, that it would be inconsistent with the principle of democracy and also it would be giving too much power to the President. With regard to their fear that the ideal of democracy would suffer a good deal if people were deprived of their right of franchise in favour of Governor and that the ideology behind that-the freedom to exercise their vote-would be defeated if this power is given to the President, I may say that the usefulness or otherwise of any institution should be judged by the results that ultimately the institution would yield. Certain functions are expected to be discharged by the Governor. We wanted to introduce the Governor in our Constitution because we thought that an element of harmony would be there and that institution would bring about some sort of understanding and harmony between the conflicting groups of people, if really the Governor is conscious of his duties and he functions well. It is only for this purpose this is proposed,- the governing idea is to place the Governor above party politics, above factions and not to subject him to the party affairs. Now, we find a section in the draft article 135 wherein it is said that he is not to be a member of either of the Legislatures or, even if he was a member at the time when the choice may fall on him, he is expected to resign before he is appointed or elected as Governor. The idea behind it is that he should be above party politics and party factions. May I ask those friend whether this idea would be realised if we make him dependent upon the mercy of the people and make him subject to party affairs? If he is to depend on the mercy of the people for votes, I am afraid the idea that he would not be realised.

Leave a Reply

Your email address will not be published. Required fields are marked *