Where have the Governors gone

23 Nov, 2016

Once upon a time there were governors who actually governed. Lawrence, who left behind lofty traditions reaching far beyond the gardens in Lahore named after him. Amir Mohammad Khan of Kalabagh, whose weight in office went beyond his intimidating corpus and imposing moustache, with an attire to match. Nur Khan, a branch off the same trunk, carried no less weight, despite his spare frame, sparse moustache, and a buttoned-down look.
Many years, and eighteen amendments later, enter Saeed-uz-Zaman Siddiqui, carrying even less weight than that of his frail body. We believe the President, in a role reversal, advised the Prime Minister to compensate Siddiqui - for being put up as a Presidential candidate when he couldn't have won and not being put up when he could have. Should Siddiqui be 'mamnoon' for this act of grace?
This is not the first time Siddiqui has entered the portals of the 77-year-old house, once occupied by Jinnah and built on the site where Charles Napier erected his grand mansion in 1843 after sealing victory at Miani. Siddiqui was acting Governor in July 1990 - for three days. This time around, he lasted just as long before being rushed to the hospital.
We wish Siddiqui a quick and complete recovery and may he serve Sindh for a long time. Except, what is the latitude provided to a Governor who serves at the pleasure of the President and acts on the advice of the Chief Minister? He has to be kept informed, but to what avail? Where he disagrees he can't over-rule or veto; at best he can request reconsideration. All actions are in his name but in name only. If he still lords over the universities it is part tradition, part benevolence of the provincial government. He is said to be the Agent to the Federal Government, but to what end and purpose?
After the 18th Amendment, the governor is an emperor without clothes - full of pomp, stripped of power.
It is an expensive business maintaining a governor and the whole paraphernalia if his only job is to swear in the Chief Minister and the Chief Justice of the High Court, should these events happen during his incumbency. Is this luxury of having underemployed governors a common feature of all Federations, or is Pakistan an anomaly?
Essentially, it is whether governors are elected or appointed that defines their empowerment. In the US, where state governors are elected, they are the chief executives. In Canada, where provincial governors are appointed, they are largely ceremonial but with some executive authority. As representatives of the sovereign they effectively act as the bridge between the province and the federation, most notably in their 'reserve powers' that allows them to withhold assent to Cabinet advice and refer the matter to Ottawa.
Indian Governors, appointed by the central government, are vested with certain important discretionary powers, including, like in Canada, the 'reserve powers' to refer a bill passed by the Assembly to the President for consideration, rather than giving assent or returning it for reconsideration.
The state-centre relations in India, with a particular focus on the role of the Governor, have been the subject of a continuing debate, largely informed by the wide sweep of the Sarkaria Commission report. Those in favour of an empowered Governor argue that a 'figure head governor' renders the oath of office a mere formality as he does not have the tools to 'preserve, protect, and defend the Constitution'. There is also the 'continuity of government' argument that favours greater gubernatorial authority.
Umbrage is also taken to the exclusive jurisdiction of the Central government to appoint Governors: it denies to the people of the State, or its chosen representatives, any say in the appointment - or removal - of the governor, more so when the law requires the governor to be from another state.
Nehru had looked upon the office of the Governor as an opportunity to draw academics and distinguished people, who did not have the appetite or the resources to contest an election, into public service. It appears this thinking continues to influence the case for appointed governors, without any effort to address the non-participation of the states in the appointment process.
In Pakistan too, it is not incumbent upon the Federal government to consult with the Provinces in gubernatorial appointments. By not carrying the Provincial government with it, especially where the government in the province is formed by a political party that is in opposition, Islamabad creates grounds for mistrust and, unwittingly, further weakens the position of the appointed governor.
Even where confrontation is the idea, like the appointment of Taseer in Punjab, it can at best be a nuisance and not a check on the Provincial Government. Power is of two kinds: institutional and personal. Institutionally, the post of the Governor is only ceremonial, except when emergency provisions of the Constitution are invoked, something that the eighteenth amendment has ensured will be procedurally arduous and of limited duration, even in case of failure of constitutional machinery in the province.
In terms of personal power Siddiqui is no Ishrat-ul-Ibad, a politico to the last wave of his hairline. He is no Mumtaz Bhutto, son of the soil and a forceful personality. Siddiqui, soft spoken and mild of manner, is a total outsider, incapable of playing snake and ladder with Sindh's political establishment. He is there - well, just to be there.
The big question is what persuaded Siddiqui to accept the Presidential gift. He should know better. Of the post-one unit Governors of Sindh most have been generals or politicians. That makes sense, given the circumstance of the day. The other category is of businessmen and judges - Siddiqui is the fourth one from his fraternity - who were put there solely to meet a constitutional requirement, to do a favour, or, like in Siddiqui's case, atone.
We empathise with Siddiqui and hope this time around his time in high office will not be attenuated like his stint as Chief Justice where he served only six months instead of the expected six years. But what have the people of Sindh done to deserve this - to pay something like a billion a year to maintain a governor who has no role to play? High price to keep a vestigial organ - like the appendix - in place!
shabirahmed@yahoo.com

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