THIRUVANANTHAPURAM: On a day when the Left government made it clear that it will not change its stance over the inclusion of the CAA remarks in the governor’s policy address, Governor Arif Mohammed Khan told TNIE that he is aware that he is bound by the advice of the state’s Council of Ministers, except in cases where the Constitution or the law confers discretionary powers on him.
In an interview with TNIE, he added that the state government’s performance is highly satisfactory. “I have not sought any explanation from the government. I have merely given them advice,” he said. Excerpts:
Q. Why do you think the concerns raised by the state government against the Citizenship (Amendment) Act are unfounded?
A: Dissent is the essence of democracy. Anybody and everybody has a right to opinion and expressing concern on any issue. Unfortunately, on CAA, the amount of misinformation is massive. The CAA is merely an exercise undertaken to redeem the promise which Mahatma Gandhi and other national leaders had made to the minorities of Pakistan who due to oppression continue to enter India illegally to save their lives and honour.
Those who say that this promise was made at the time of partition must know that the same promise was repeated by Sri Manmohan Singh on December 18, 2003. We also need to understand that as far as the minorities are concerned, the situation in Pakistan has continuously gone from bad to worse.
According to AURAT Foundation, a leading NGO of Pakistan, and other human rights groups, more than 1,000 young non-Muslim girls were kidnapped and forced to change their religion in 2015. A report in Vatican News on August 17, asserted that at least 1,000 girls were kidnapped and forced to marry their tormentors in 2019.
The CAA is an attempt to provide relief to these unfortunate people who became unwitting victims of the partition of the country. There are other illegal immigrants also, who have come for economic reasons. The CAA does not stop the government from considering their applications on merit.
The state government has moved the Supreme Court against the CAA, terming it unconstitutional. You have already expressed your dissent over the same. Now, what further steps are you planning to take in this regard?
I have not expressed any dissent. As the constitutional head of the state, I have pointed out that Article 166 of the Constitution requires that all actions or the decisions of the state government must be taken by the authorities in the name of the governor. It is not until this formality is observed that the action or decision can be regarded as that of the state. According to the Supreme Court, the Council of Ministers are advisors and as the head of the state, the governor is to act with the aid and advice of the Council of Ministers. Therefore, until the governor accepts the advice, views of the Council of Ministers do not get crystallised into action of the state.
Would you consider submitting a report before the Supreme Court in the matter?
I would not like to make any comment at this stage. But we have a robust legal system which ensures that due process of law is respected in letter and spirit. The rules of Transaction of Business framed under Article 166 (3) require that certain class of cases shall be submitted by the chief minister to the governor before the issue of orders and it includes “cases which affect the relations of the state government with the Government of India”.
Further Article 167 provides, “It shall be the duty of the chief minister to communicate the decisions of the Council of Ministers and furnish information to the governor.”
Q: The government has included its disapproval of the CAA in the governor’s policy address before the assembly on January 29. You have sought an explanation from the government regarding this. If the government refuses to remove these remarks from the policy address, what could be the next course of action from your end?
A: I have not sought any explanation from the government. I have merely given them advice. I am fully aware that in the discharge of my functions, I am bound by the advice of Council of Ministers except in cases where the Constitution or law confers discretionary powers. Further, I have no hesitation to say that, generally, the performance of Kerala government is highly satisfactory and I am keen that they must continue to do the good work and have excellent relations with the Centre.
The opposition UDF has approached the Speaker seeking to move a resolution urging the President to recall you. Do you think the opposition’s move is constitutionally valid?
It only shows that we are not only the largest but the liveliest democracy in the world and I feel proud of the fact that our people feel free to give expression to their views and opinions.
In view of the ongoing developments relating to CAA in the state, would you be submitting a report to the Union Government?
I believe in positivity and I am hopeful that my government will give due consideration to my advice. I do not feel the need to indulge in speculation about other eventualities.
Arif Mohammed Khan
Kerala Governor