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Appointing ‘political’ Governors

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by Dr Jayampathy Wickramaratne,
President’s Counsel

There has been talk, for a few months, of new Governors being appointed to some Provinces. According to media reports, there is an agreement between the Sri Lanka Podujana Peramuna, the main party in Parliament, and the President’s United National Party, that four nominees of the latter should be appointed as Governors. A spokesperson for the Presidential Secretariat has stated that four incumbent Governors have been requested to resign, adding that it is the tradition that Governors would resign when a new President is appointed. The names of prominent active members of the United National Party are mentioned as possible appointees.

Constitutional provisions

The main constitutional provisions, relating to the Governor, are found in Article 154B. The Governor is appointed by the President and holds office, in accordance with Article 4(b), ‘during the pleasure of the President’. The Governor’s term of office is five years, and there is no bar to re-appointment. Article 156(1) of the Indian Constitution provides similarly: The Governor shall hold office during the pleasure of the President.

A former Chief Justice has opined that the only process by which a Governor could be removed is the one set out in Article 154B(4). According to that constitutional provision, a Provincial Council may present an address to the President advising the removal of the Governor on the ground that the Governor has intentionally violated the provisions of the Constitution, is guilty of misconduct or corruption involving the abuse of the powers of his office, or is guilty of bribery of an offence involving moral turpitude. A resolution for such purpose must be signed by not less than one-half of the whole number of members and be passed by not less than two-thirds of the whole number of members, including those not present. A question that can be raised is whether such an address binds a President to remove a Governor.

The former Chief Justice has also questioned the propriety of a President who has succeeded to the office of President, removing a Governor who has been appointed by a President elected directly by the People.

Qualifications to be appointed as a Governor are not laid down in the Constitution, except that upon assumption of office, a Governor shall cease to hold any other office created or recognized by the Constitution and, if he is a Member of Parliament, shall vacate his seat in Parliament. A Governor shall not hold any other office or place of profit. In India, the only qualifications are that the person be a citizen and be not less than 35 years.

In Sri Lanka, former judges, retired public servants and retired military officers have been appointed. On the other extreme, serving Ministers have given up their seats in Parliament to accept appointments as Governors. Successive governments have appointed active politicians. Many continued to be active, even while holding the position. One Governor continued to be the chief organizer of the ruling party in an electorate coming within the same Province! There have been reports of politically active Governors using their positions for political ends.

One might argue that as the Governor holds office at the pleasure of the President, he could be removed by the President at any time. On the other hand, does the President have the power to dismiss a Governor, without a valid reason? The Governor of the Western Province, former Chief Justice S. Sharvananda, was removed by President D.B. Wijetunge after he removed a Minister as advised by the Chief Minister in the Opposition-controlled Provincial Council, despite pressure brought on him by the Government.

Indian experience

In Rameshwar Prasad v Union of India, the Indian Supreme Court critically examined the role of the Governor and referred extensively to the 1988 Report of the Justice Sarkaria Commission on Centre-State Relations.

The Sarkaria Commission had stated that the key to restoring the prestige of the Governor’s office lay in picking the right person for the sensitive constitutional post. Apart from the constitutionally prescribed qualifications, the report listed a few more -that the person should be eminent in some walk of life, be from outside the State, be a detached figure having little connection with local politics and that he must not have taken too great a part in politics generally and particularly in the recent past.

The Supreme Court observed as follows: ‘Unfortunately, the criteria have been observed in almost total breach by all political parties. It is seen that one day a person is in active politics in as much as he holds the office of the chief minister or minister or a party post and almost on the following day or, in any case, soon thereafter, the same person is appointed as Governor in another state with hardly any cooling off period. Ordinarily, it is difficult to expect detachment from party politics from such a person while performing the constitutional functions as governors.’

The Punchhi Commission on Centre-State Relations, headed by a former Chief Justice of India, recommended in its 2010 report that a nominee should not have participated in active politics, even at the local level, for at least a couple of years before his appointment. It also agreed with the Sarkaria Commission’s recommendation that a Governor should be an eminent person and not belong to the State where he is to be posted.

B. P. Singhal v Union of India concerned the removal of the Governors of Uttar Pradesh, Gujarat, Haryana and Orissa by the new UPA Government in 2004. The Indian Supreme Court held that although the President can remove the Governor from office at any time without assigning any reason and without giving any opportunity to show cause, that power cannot be exercised in an arbitrary, capricious or unreasonable manner. The power should be exercised in rare and exceptional circumstances for valid and compelling reasons. A Governor cannot be removed on the ground that he is ‘out of sync’ with the policies and ideologies of the party in power at the Centre. Nor can he be removed on the ground that the Union Government has lost confidence in him. It follows, therefore, that change in the government at the Centre is not a ground for the removal of Governors holding office to make way for others favoured by the new government.

As to who should be appointed as Governors, the Court stated: ‘Reputed elder statesmen, able administrators and eminent personalities, with maturity and experience are expected to be appointed as Governors. While some of them may come from a political background, once they are appointed as Governors, they owe their allegiance and loyalty to the Constitution and not to any political party and are required to preserve, protect and defend the Constitution.’

Just last week, India witnessed the consequences of ‘political’ Governors using their positions to undermine the elected administrations in Opposition-controlled States. Bhagat Singh Koshyari, a BJP, and Rashtriya Swayamsevak Sangh veteran from Uttarakhand, had been appointed Governor of Maharashtra immediately after finishing his legislative career. His tenure was full of controversy, culminating in his resignation after his role in the dissolution of the anti-BJP coalition. Last Thursday, a five-member Bench of the Supreme Court, in Subhash Desai v. Principal Secretary, Governor of Maharashtra, rapped him for entering the ‘political arena’ and declared his action illegal.

Another case decided on the same day, also by a five-member Bench, Government of NCT of Delhi v. Union of India, was a consequence of a year-long and yet-ongoing tug-of-war between Delhi Chief Minister Arvind Kejriwal and Lt. Governor Vinai Kumar Saxena. Saxena has held no political office but is a strong supporter of the BJP. He is from Uttar Pradesh but considers Gujarat, Premier Modi’s home state, to be his ‘emotional home’. Saxena has not spared any opportunity to obstruct Kejriwal in favour of the Centre. The Court stressed the importance of ensuring that the governance of States is not taken over by the Central Government and confirmed Delhi’s control over administrative services in respect of subjects coming under the National Capital Territory. Both Benches were headed by Chief Justice D.Y. Chandrachud.

Active politicians should not be appointed

The Steering Committee of the Constitutional Assembly of the previous Parliament, chaired by Prime Minister Ranil Wickremesinghe, was of the view that constitutional provisions should be made to prohibit the Governor from engaging in party politics, while holding office.

Although our Constitution allows even a sitting Member of Parliament to be appointed as a Governor, it is best that active politicians are not appointed. As the Indian Supreme Court and the Sarkaria and Punchhi Commissions have pointed out, there must be a ‘cooling off’ period of at least two years before a former politician is appointed.



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New US sanctions on ICC, a fillip to worldwide political repression

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The International Criminal Court in session. UN Photo/Eskinder Debebe

US Secretary of State Marco Rubio’s warning to the International Criminal Court (ICC) was stark: ‘Either the ICC will end its threats, or we will end the ICC.’ It followed US central administration accusations that the court was unfairly targeting Americans on the basis of trumped-up war crimes charges.

However, a new plethora of sanctions has been clamped on the ICC by the US, which in turn has spurred accusations by sections of the world that the latter has unleashed an ‘assault’ on the international legal order.

What some of the sanctions would mean for the ICC was outlined by Rubio: ‘We will ban transactions with this rogue court, cutting off their resources and crippling their ability to operate against us.’

The ICC has shown consistency of purpose over the years. Despite some operational constraints it has indicted a large number of political strongmen from around the world, accused of war crimes and other governance excesses that come under its purview. Two such recent figures are: Russian President Vladimir Putin and Israeli Prime Minister Benjamin Netanyahu.

Rather than enjoy a mere nominal presence in the world community, the ICC has proved its effectiveness by detaining and bringing to justice scores of VIP politicians and others of their ilk who have been found guilty of human rights abuses and kindred excesses that come within the terms of reference of the ICC.

Accordingly, the international justice system would be stymied considerably as a result of the ICC being dis-empowered, particularly financially. Needless to say, potential and real perpetrators of the species of crime coming under the jurisdiction of the ICC would stand to gain most from such anarchic tendencies. That is, political repression globally would be enabled to enjoy a new lease of life.

A detailing of the types of crime coming under the purview of the ICC provides an idea of what it would cost the international community if the ICC’s operations are gravely hampered. They are mainly: genocide, war crimes, crimes against humanity and the crime of aggression.

That is, the part of the world to be worst affected would be the global South, since the latter is awash with the mentioned crimes. Needless to say, a chronically-disaffected South will sooner rather than later undermine the well being of the world dangerously. The world is already being put through these paces.

At the time of writing, ‘illegal migrants’ from the South, for example, are aggravating many a Western economy’s woes, besides creating for them acute law and order issues. The fact that these migrants’ presence goes on to become a virtual test of the migrant receiving states’ ability to forge domestic social inclusion in the face of jingoistic protests by mainly white supremacist groups is evidence of the latter. As is known, the US, to take just one example, has been up against this crisis for quite a while.

Accordingly, it will be in the best interests of the West if ‘illegal’ migrant arrivals on their shores are stemmed. If the socio-political and economic problems assailing the South are effectively managed through North-South collaborative, ‘trouble-shooting’ efforts the causes leading to ‘illegal’ migration and connected issues could be resolved at source as it were. For, it is the aggravation of the South’s material questions that lays the basis for the emergence of repressive and anti-democratic regimes in the hemisphere.

Until such time that the aforementioned issues in North-South relations are visited afresh and addressed urgently, a vibrantly functioning ICC would be needed. For, the latter would prove a deterrent to Southern political and military strongmen, highly prone to power abuse and like excesses, from coming into being in the wake of the South’s chronic material woes and the wars and conflicts that result from them.

It stands to reason then that the US would be acting in its own interests by enabling the ICC to perpetuate its mandate without hindrance. For a crop of issues that impinges negatively on internal law and order would be defused.

Meanwhile, there needs to be a meeting of minds among the rest of the West to put back in place a North-South dialogue process aimed at reducing some of the economic pressures that are weighing on the South.

Since economics usually drives politics it will be in the interests of the world community to scrutinizingly re-visit North-South issues of the past and put in place economic relief packages for Southern publics that would enable them to tide over their material hardships rather than permit the latter to aggravate into social disaffection and eventually armed militancy. It is the latter juncture that paves the way for the emergence of authoritarian rulers in the South who then go on to be a blight on their publics.

Accordingly, the Southern-based global development thinking of the past that envisaged a more equitable world economic order needs to be seen as an urgent need. That is, NAM’s international development paradigms need to be resuscitated to the extent possible.

It is unlikely that rightist governments of the West, such as the current Republican administration in the US, would find these projects feasible, but democratic states of Europe, led by perhaps the UK, are likely to think otherwise. For it would not be beneficial for the democratic world to be having on their hands repressive governments in the South who would be gravitating towards the major military and economic actors of the South, such as Iran and North Korea, who tend to be in constant power struggles with the West.

However, until such time that the mentioned, pro-people initiatives are given serious thought the ICC would need to be enabled by the international community to be in place comfortably and carry on with its mandate of bringing repressive rulers to book. Besides the ICC should pave the way for the peoples of the developing world to enjoy some substantial respite from the political repression and even terror which tend to be their lot.

Meanwhile, the wars of West Asia are relentlessly aggravating the economic hardships of people everywhere, driving the point home to enlightened sections that there is no alternative to peacemaking. A challenge is to convert the US under President Trump to this line of thinking.

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Features

Clear, soft and shine-free skin

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This week, I give you five simple, time-tested homemade remedies that help reduce the appearance of blemishes, control excess shine and leave your skin feeling softer and smoother.

The Honey and Lemon Brightening Dab:

For stubborn blemish marks, this is a classic. Mix one teaspoon of pure bee honey with three to four drops of fresh lemon juice. Apply gently, only on the affected spots, and leave for 10 minutes before rinsing with lukewarm water. While honey soothes and softens, lemon helps to brighten naturally. Use twice a week in the evening.

Besan and Rose Water Oil-Control Pack:

An ideal remedy to combat shine, especially on the T-zone. Take two teaspoons of besan (gram flour) and mix with sufficient rose water to form a smooth paste. Add a pinch of turmeric for its antiseptic goodness. Apply evenly, keep for 15 minutes and wash off. It absorbs excess oil without over-drying, leaving a beautiful matte finish.

Aloe Vera and Cucumber Ice Soother:

Blend fresh aloe vera gel with the juice of a grated cucumber and freeze the mixture in an ice tray. Each morning, wrap one cube in a soft muslin cloth and gently rub over a cleansed face for 30 seconds. It calms, tightens pores and imparts a baby-soft smoothness.

Oatmeal and Curd Gentle Polish:

Roughness and old blemish marks need gentle exfoliation. Combine one tablespoon of finely powdered oatmeal with one tablespoon of fresh curd (yoghurt). Massage very gently, in circular motions, for one minute, leave for five minutes and rinse. It removes dead cells and unveils softer, clearer skin.

 Multani Mitti and Green Tea Magic Mask:

Brew some green tea and allow it to cool completely. Mix one and a half teaspoons of Multani Mitti (Fuller’s Earth) with the tea water to make a fine paste. Apply for 10 to 12 minutes – do not let it dry and crack completely – and wash off. It draws out impurities, fades blemishes and bestows a fresh, shine-free glow.

A Gentle Reminder:

As with any natural remedy, always do a patch test on your inner arm first. For those with oily or combination skin, avoid heavy coconut oil application and harsh scrubbing, as they tend to aggravate shine and blemishes.

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Features

Compete, shine and be discovered at WCOPA 2027

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Dream of performing on a world stage? Well, here is your unique, golden opportunity!

The World Championships of Performing Arts (WCOPA) — the one and only official “Talent Olympics” — is the world’s premier global platform for aspiring singers, dancers, actors, models, instrumentalists, etc., to compete, shine and be discovered!

And, yes, this world stage is open to YOU, Sri Lankans living in Sri Lanka and overseas!

Held annually in glittering Las Vegas, WCOPA brings together over 70 countries, all competing for Gold, Silver and Bronze Medals, just like the traditional Olympics.

Lakisha Bernard: Will represent Team Sri Lanka at WCOPA 2027

Outstanding performers vie for the coveted titles of Junior and Senior Grand Champion Performer of the World, with winners and standout participants awarded over $500,000 in scholarships, cash awards and prizes to catapult their education and careers!

Sri Lanka is already making waves! At WCOPA 2026, Natharie Wickramasinghe, representing Team Sri Lanka, made the nation proud by winning a Bronze Medal in the Ethnic/Folklore Dance category!

Lakisha: Accomplished freelance Model and Fashion Design graduate

Recruitment for this prestigious competition is handled through a system of scouts and licensed National Directors — and this is where our very own Chris Rajendra, now based in Las Vegas, and National Director for Team Sri Lanka, comes into the scene.

If you are a singer, dancer, actor, model, instrumentalist — if you have talent burning inside you — contact Chris Rajendra today for registration and, who knows, you may find yourself in Las Vegas, and proudly draped in the Sri Lankan flag, at WCOPA 2027!

The contact address is: Chris Rajendra, wcopa.nationaldirector.sl@gmail.com

or chris.rajendra@gmail.com

Meanwhile, a star is born for 2027, in the form of Lakisha Bernard who is all set to represent Team Sri Lanka at WCOPA 2027.

Originally hailing from the sun-drenched coastal city of Colombo and now carving out her creative career in Canada, 22-year-old Lakisha is stepping into the international spotlight.

This accomplished freelance Model and Fashion Design graduate has officially been appointed as the Team Sri Lanka Promoter for Canada as she prepares to represent Team Sri Lanka at WCOPA in Las Vegas.

Lakisha brings a unique blend of high-fashion sensibility, captivating camera presence and expert garment design to the Team.

Having built her career, from local college shoots to high-glamour concepts, Lakisha’s inspiring journey embodies the true spirit of cultural bridge-building and creative resilience, bringing immense pride and recognition to Sri Lanka on the global stage.

WCOPA 2027 will be held at the legendary Westgate Hotel & Casino, Las Vegas, from 12th to 20th July – the very same iconic arena where the late, great Elvis Presley himself performed!

Your moment is now. Your stage is Las Vegas, so hurry and contact Chris Rajendra.

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