‘Constitution can’t be at mercy of state govts’

Jharkhand Governor CP Radhakrishnan spoke to Vishal Kant about a series of issues, including his decision to return the reservation bill to the state government, his next move on the election commission’s opinion on mining lease case of chief minister Hemant Soren, and accusations by non-BJP-ruled states against the governors across the country

Ranchi: Jharkhand Governor CP Radhakrishnan spoke to Vishal Kant about a series of issues, including his decision to return the reservation bill to the state government, his next move on the election commission’s opinion on mining lease case of chief minister Hemant Soren, and accusations by non-BJP-ruled states against the governors across the country. Edited excerpts:

Jharkhand Governor CP Radhakrishnan. (HT Photo)

It’s been more than three months since you took over. What has been your first-hand experience about Jharkhand?

Jharkhand is a very resourceful state but there is a huge mismatch in terms of development. It’s placed at the second last spot on the list of states in the country in terms of economic development. This needs to be taken up on priority basis as the state has all the potential to become a developed state.

What do you think should be the focus areas for the state?

From what I have gathered till now, the state is doing fine in implementing the health-related welfare schemes of both the Centre and the state government. The state has also implemented the Ujjawala scheme well. Other schemes like old-age pension and Kisan Nidhi scheme have also been implemented. The housing scheme for the poor is lagging with only around 30% coverage. This needs to be taken up on priority basis, especially for people belonging to the SC and the ST community with special focus on the PVTG (particularly vulnerable tribal groups) category.

But what role can Raj Bhavan play in governance?

I’m giving the required feedback to the state government wherever required. As far as Raj Bhavan is concerned, we are committed to provide a corruption-free education system in the state universities. We have issued a new calendar for the universities to maintain uniformity. We would ensure that the academic curriculum, starting from admission to holding classes to conducting examination and organising convocation happen as per the calendar. I have also suggested that the state government institute a separate service commission for recruitment in the universities. I have already sent a second reminder for the same.

The new calendar is being opposed by the faculty members of the state universities and colleges.

What’s wrong with the calendar if we want to ensure we have classes for at least 180 days? But if some people have any issue, they can discuss it and convince me about their grievance.

We have seen friction between Raj Bhavans and state governments, especially those not ruled by the BJP. The non-BJP parties often accuse Raj Bhavan of interfering in the functioning of the state on instructions from the BJP government at the Centre. What is your take?

In past three months, there has not been a single instance when I received any specific instruction from the Centre. As far as the working equation between Raj Bhavan and the state is concerned, I would only say that no one should cross the Lakshman Rekha.

What should be the Lakshman Rekha?

The powers (of governor and state governments) are clearly defined. No one should encroach into the other’s territory. There was a recent Supreme Court judgment that said that the state governments ought not to be at the mercy of the governor. I accept it but I would like to add that the Constitution of this country also cannot be at the mercy of the state governments. If there would be any overreach, the governor would have to step in.

When you took over, your office sent back the reservation bill to the state government. The ruling alliance alleges that you are interfering in policy matters.

It’s a false allegation. We need to see whether any law being made stands the scrutiny of the Constitution or not. The reservation bill proposes to increase total reservation in the state to 77% when there is a cap of 50%. The opinion of the attorney general of India was taken over the issue. So, I have sent the file with the observation of the attorney general and suggested the state take a second opinion from the attorney general if they think so and amend the bill accordingly. I am yet to hear from the state government over the issue.

There is another issue of the mining lease involving chief minister Hemant Soren. The BJP had sought his disqualification alleging that it amounted to holding an office-of-profit. It has been over nine months since the election commission sent its opinion over the issue, but Raj Bhavan has not taken a decision on it.

My priority is to ensure development of the state. However, as far as the EC opinion is concerned, I am yet to look into it. I would take a decision on it at an appropriate time.

Your predecessor said he was seeking legal opinion over it, hence the delay. Legal and political experts say decisions on such issues should be taken in a reasonable time period.

I don’t think there has been any unusual delay. I haven’t seen what legal opinion was sought over it. As I said, I am yet to look into this issue. I would take a decision at an appropriate time.

BJP has started raising the issue of the alleged illegal migration from Bangladesh to Jharkhand. What is your take on the issue?

Yes, this issue has been brought before me. It’s a very disturbing trend especially in the Santhal Parganas as it poses a direct threat to the identity of the tribal community. Illegal migrants are marrying tribal girls to grab their land. If this continues, the social character of the area would change and even the special tenancy laws made to protect tribal land would become redundant.

How do you rate the law-and-order situation in the state?

The law and order situation is very painful in a few districts. As per the statistics, the red terror has surely come down. However, there is a need to review the surrender policy (for the Maoists) in the state. I have received feedback that the policy in a few other states is better. For example, other states have better provisions of open jail. However, such things need to be reviewed before they are implemented here.