Headless Tamil Nadu raises constitutional questions

Constitution is silent on these issues,” said S L Khurana, the then Governor of Tamil Nadu, in the month of October in 1984. After 32 summers, again this month, the in-charge Governor of Tamil Nadu, Ch Vidyasagar Rao, faces a similar predicament. In October 1984, Chief Minister M G Ramachandran (MGR) was admitted to Chennai Apollo Hospital after developing several health complications and in a few weeks he slipped into coma with a cerebral hemorrhage. During this time, the second-in-command in MGR’s cabinet, Finance Minister V R Nedunchezhiyan met Governor Khurana at the Raj Bhavan and informed him that the Chief Minister had orally instructed him to govern the state in his absence. The Governor sought legal opinion, and discussed with the Advocate General and other legal experts.

After a prolonged discussion, it was decided that the portfolios handled by the Chief Minister may be entrusted to Nedunchezhiyan as a stop-gap arrangement. It raised a constitutional problem. The Governor normally acts on the advice of the council of ministers headed by the Chief Minister, but in the absence of the CM, how can the council of ministers meet, leave alone advising the Governor. At this stage Khurana said, “the constitution is silent on these issues.”

M Karunanidhi, the leader of DMK, at that stage objected to the decision, saying undue haste was being shown by the Governor in allocating all the portfolios handled by the Chief Minister to the Finance Minister. Later, MGR passed away and his wife Janaki was chosen as the CM only to be dethroned by a presidential rule in a few months, leading to fresh elections. How Jayalalithaa emerged as the leader of AIADMK soon after and took over the reins of Tamil Nadu is history.

Now, the history repeats itself and the same constitutional crisis is staring at Tamil Nadu with the present CM Jayalalithaa getting admitted to Apollo Hospital in Chennai, where MGR was also admitted. A very peculiar situation prevails in Tamil Nadu; maybe it is possible only in this southern state of the largest democracy in the world. Jayalalithaa, who won the assembly elections for the second consecutive term a few months ago, fell sick and got admitted to the hospital a few weeks back. The in-charge Governor, Vidyasagar Rao, rushed to Chennai from Mumbai a fortnight back only to discuss with the doctors in Apollo hospital and issue a press release stating that the Chief Minister’s health was improving. No one is being allowed to meet the ailing CM in the hospital which has given rise to speculations about her health condition.

Periodical health bulletins are issued by the Apollo Hospitals. Leaders including Rahul Gandhi, the vice-president of AICC, Amit Shah, the president of BJP, Arun Jaitley, the union finance minister, her cabinet colleagues, party senior leaders are visiting the hospital only to talk to the doctors and know her condition. No one is allowed to see her or talk to her.In this situation, the Governor has adopted the same method as Khurana did when MGR was hospitalised, by issuing the orders allocating the portfolios held by the CM to Panneerselvam, a confidant of Amma in her cabinet.

On two different occasions in the past, Panneerselvam was made the interim CM by Jayalalithaa when she had to relinquish the post for different reasons. But on previous occasions, Jayalalithaa herself announced the decision to appoint her successor which did not attract any constitutional problem. Now, the decision of the Governor allowing Panneerselvam to handle the portfolios of the Chief Minister has raised eyebrows.

Karunanidhi, the DMK supremo and former CM, made more or less the same statement again on Panneerselvam taking charge of the Chief Minister’s portfolios. In the initial days of the Chief Minister’s hospitalisation, Karunanidhi demanded that people be informed about the health of their beloved Chief Minister. And now he expressed doubts on the oral instructions issued by Jayalalithaa who is on a ventilator. One can understand the hospital management’s reluctance in revealing the actual health condition of the CM, at a time when the people of Tamil Nadu are emotionally charged and when no one from the Governor to the Union government is prepared to take any concrete step.

It may be recalled that when Annadurai, the first non-Congress Chief Minister of Tamil Nadu, on whose name the present AIADMK exists, died of throat cancer in 1964, the statement of his passing away had to be withdrawn fearing public outrage. The administration declared him dead after sometime when they thought that the situation was under control.

Jayalalithaa earned the support of masses in Tamil Nadu with her unique administration for the welfare of poor people during her rule. Administration in Tamil Nadu may function smoothly even in the absence of the Chief Minister for a brief period. The whole nation joins in the prayers of Tamil Nadu people for the speedy recovery of ‘Puratchi Thalaivi’ but it is not advisable to keep the state in such a situation for a long time and the continued silence with regard to the health condition of the Tamil Nadu Chief Minister cannot be accepted in a democracy.Taking a cue from what former Governor Khurana said regarding the Indian constitution’s silence on certain issues, maybe it is time for a suitable amendment to our constitution.

(Writer is a senior journalist, columnist and Secretary-General of Indian Journalists Union)