Context
This article by P.D.T. Achary analyzes the constitutional controversy between the Governor of Kerala and the state government, which arose after the Governor placed a picture of 'Bharat Mata' in a room at Raj Bhavan used for official functions.
Key Highlights
- The Conflict: The Governor of Kerala installed a painting of Bharat Mata and performs a ritual of offering flowers and lighting a lamp before official functions. The state government objects to this, stating they will not participate in functions where the picture is displayed.
- Government's Stance: The government's objection is based on the fact that the picture of Bharat Mata is not a constitutionally recognized national symbol, unlike the national flag or anthem.
- Author's Main Argument: The Governor, as the constitutional head of state, is bound to act on the advice of the elected government. He cannot independently decide to place a picture, which is not an official symbol, at official state functions.
- Historical Context: The slogan "Bharat Mata ki Jai" was a powerful cry during the freedom struggle. However, the national movement never officially adopted a specific visual representation of Bharat Mata. The modern painting originates from Abanindranath Tagore in 1905 and was popularized by Sister Nivedita.
- Nehru's Concept: The article contrasts the physical depiction with Jawaharlal Nehru's "lofty concept" of Bharat Mata, which he described not as a map or figure, but as the people of India themselves.
- Conclusion on Governor's Power: The Governor is bound by the government's decision on protocols for official functions, including the placement of portraits. The government has the constitutional right to advise against using a picture that is not a recognized national symbol.
Key Insights
- The controversy highlights the tension between a deeply resonant national concept (Bharat Mata) and a specific, potentially partisan visual representation that lacks official, constitutional sanction.
- The incident serves as a case study on the limited discretionary powers of a Governor in a parliamentary democracy, reinforcing the principle that the Governor must act on the aid and advice of the elected Council of Ministers.
- The author argues that using a specific, quasi-religious depiction of the nation is a throwback to an outdated form of 19th-century nationalism that fails to represent the diversity of modern India.
Key Concepts involved
- Constitutional Propriety: The central theme, questioning whether the Governor's actions are in line with the spirit and letter of the Constitution.
- Role of the Governor: The article extensively discusses the Governor's position as a constitutional head who is bound by the advice of the elected government, citing Dr. B.R. Ambedkar.
- National Symbols: The distinction between officially recognized symbols (flag, emblem, anthem) and other cultural or political symbols is crucial to the government's and the author's arguments.
- Nationalism: The article contrasts two forms of nationalism: an inclusive, people-centric concept (Nehru's view) versus a specific, personified, and potentially exclusionary visual representation.
Mains Mock Question:
In the light of recent events involving the display of Bharat Mata’s image by the Kerala Governor, critically examine the constitutional limits of gubernatorial powers. Also, discuss the implications of such symbolic acts on Centre-State relations and the secular fabric of India. (250 words)