Rajya Sabha Member and senior lawyer Kapil Sibal said on Saturday that the Governor has very limited powers under the Constitution. If he thinks a Bill violates some provisions of parliamentary legislation, he can only refer it to the Union, to the President, or he can send it back to the legislature with his comments.
He was delivering the first Rakesh Endowment Lecture for Justice and Equity instituted by the Rakesh Law Foundation which was set up by Rajya Sabha Member and advocate N.R. Elango.
Mr. Sibal said the office of Governor was unfortunately a legacy of India’s colonial past. “I don’t see why we should have Governors. We should evolve a different mechanism to deal with our relationship with the Union,” he said.
Mr. Sibal was responding to another advocate and Rajya Sabha Member P. Wilson, who asked whether it was good for a democracy when a Governor, a nominal head, acted against the will of people.
Earlier, Chief Minister M.K. Stalin unveiled the photo of Rakesh, who died in March in a road accident. His family started an endowment in the name of the 20-year-old law student at the Roja Muthiah Research Library, which organised the event at Kalaivanar Arangam.
Rajya Sabha Member R. S. Bharathi, former judges Raja Elango and S.M. Akbar Ali and Chepauk-Triplicane MLA Udhayanidhi Stalin were present.
On a question about Centre-State relations from N. Ram, Director, The Hindu Publishing Group, who moderated the discussion, Mr. Sibal said that when the Constitution was adopted, it was structured on the basis of a 1935 Act. Most subjects which should have been on the State List are now on the Concurrent List — education, for example. “So the Central government can pass a law and say they can have a central test for entry to universities. The education system in this country is so diverse that you cannot bring equity to the system. So what about NEET, which Tamil Nadu is so against and so am I personally. The point is how does a student under the State board compete when the curriculum is based on the CBSE. I believe the subjects of health and education should be on the State list. We need to amend the Constitution and must get rid of this colonial structure; then only federalism will flower. We can grow as a nation only if we are truly a federation,” he said.
Mr. Elango said his son Rakesh Ranganathan always aimed at keeping his parents and family happy. “After his passing, we either had to grieve his death or celebrate his life. We decided to celebrate the sweet memories and life of Rakesh. The topic of today’s question was given to me by Rakesh himself. Through the endowment we aim to educate and empower law students,” he said.
