The Hindu : `Only propriety hems in a caretaker govt.'

Online edition of India's National Newspaper
Monday, Feb 23, 2004

Karnataka

Karnataka

`Only propriety hems in a caretaker govt.'

By T.S. Ranganna

BANGALORE, FEB. 21. Following the decision to dissolve the Legislative Assembly, a debate on the powers of a caretaker Government has begun.

The debate has acquired importance particularly after the Chief Election Commissioner, T.S. Krishnamurthy, said that though the commission could not impose any restriction on the Union Government, propriety demanded that the Centre restrain itself from taking major decisions.

Quoting what the Constitution says on this issue, which surfaces during every election, the Minister of State for Primary Education, B.K. Chandrasekhar, told The Hindu that the Krishna Government in the State enjoyed all powers to take Constitutionally mandated decisions. He said the Constitution did not contain a phrase called caretaker Government, and there was not even a mention of it in the law book. But, in popular parlance, the phrase was used to suggest a situation or to signify a situation created by unusual circumstances such as a Government losing its majority or the resignation of the Chief Minister. The Governor would generally ask the Chief Minister to continue in office, because there should be no vacuum in administration.

Strictly speaking, any Government would have normal powers granted by the Constitution. There was nothing in the Constitution that restricted the powers of the Government. It was called a caretaker Government when the Assembly was dissolved and the Chief Minister did not or need not resign. A Government was accountable to the legislature. There is nobody to whom a caretaker Government was accountable because the Assembly was dissolved.

In such a situation, propriety required that the Government did not embark on decisions of far-reaching consequences, including launching of schemes. It was expected to restrict itself to discharging day-to-day functions, including maintenance of law and order and tackling situations such as drought. The Kargil offensive was led by the so-called caretaker Vajpayee Government. Prof. Chandrasekhar said the concept of caretaker Government and its implications were different from those following the application of the model code of conduct by the Election Commission.

He said a caretaker Government should not take decisions involving expenditure of large sums of money which would become a burden on future government. Again, this was a question of propriety.

About holding elections under the President's rule to avoid misuse of powers, he termed it a partisan political demand. It would needlessly render the office of the Governor controversial.

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