"The usual practice is to consult the CM concerned before the appointment of the governor," Chandy said on Monday. He said during his tenure he was consulted whenever a new governor was appointed. "But the practice has not been followed in this case." Chandy expressed the hope that Centre would follow the conventions with regard to the appointment of the governor.
AICC spokesperson Abhishek Singhvi, pointed out that the appointment was yet to take place but, "if it really happens, it would be inappropriate both on the part of the appointee and those appointing."
Kerala Home Minister Ramesh Chennithala said that there was a question of propriety involved in the appointment of an ex-CJI as governor without consulting the state. Earlier KPCC president VM Sudheeran had kicked off the debate on the issue by stating that constitutional experts should look into appointment of P Sathasivam as governor.
The CJI provides the oath of office to the President. How can such a person be appointed governor, he asked. The All- India Bar Association too had opposed the decision. The move to name an ex-CJI as governor would be the first such case, as such high constitutional authorities are not expected to be considered for political posting post-retirement. But it would be the latest in a series of constitutional authorities taking up post-retirement political assignments.
This trend was started when former CAG TN Chaturvedi, whose official report made critical references to the Bofors deal during the Rajiv Gandhi regime, was made a Rajya Sabha member and later governor by BJP. Congress too has travelled such controversial path when it made former CEC MS Gill both a Rajya Sabha member and Union minister.
K Subba Rao, a former CJI, had contested the presidential election in late 60s as Opposition candidate and lost to Zakhir Hussein. Former CEC TN Seshan too contested as a Shiv Sena-backed presidential candidate. His successor at Nirvachan Sadan MS Gill was a RS nominee of the Congress and sports minister in Manmohan Singh's Cabinet.
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