Is using the word ‘Bhagwa’ government criticism? : A weekly round-up on Constitution First + A Special Book Launch announcement

Dear reader,

Could a government officer get into trouble simply for using the word ‘bhagwa’ (saffron) in a Facebook comment? 

In Uttar Pradesh, a social media comment posted seven years ago by Rashmi Varun, Deputy Director of the Economics and Statistics Division in Saharanpur, turned into a terrifying ordeal. This is what Rashmi wrote on Facebook in February 2018:

At the time, there were hardly six or seven views and likes. But soon, a local paper picked it up, the district magistrate issued a show cause notice, and then passed an order holding her guilty under the U.P. Government Servant Conduct Rules. A chargesheet was filed after a formal warning, as the Inquiry Officer noted that the post was proof of an ‘indirect criticism of the government’. In December last year, UP’s Public Service Tribunal imposed a punishment on Varun. The case continues to trail her since.

Advocate Vaibhav Yadav reported this story for The Leaflet this weekend, and his conclusion is clear: the Tribunal has not only overstepped its own powers, but possibly violated the Conduct Rules, and what constitutes ‘government criticism’ under it.

Read the full story here:

Can the Tamil Nadu-Vijay saga repeat again?

Elections are, constitutionally speaking, fascinating times. Yesterday, as actor Joseph Vijay was sworn in as Tamil Nadu’s 22nd chief minister, it wasn’t without a constitutional conundrum on the limits of the Governor’s power, who had left Vijay hanging on the question of government formation for days on end. Finally, after CPI, CPI(M), VCK and Indian Union Muslim League joined hands alongside the five seats by Congress, Vijay had his letter of appointment by Saturday evening. But here is the bigger question: what is stopping such a development from recurring in the future?

Writing for The Leaflet, Rohan Mehta calls this overstepping of gubernatorial power ‘receipt constitutionalism’ – where despite prima facie proof of legislative majority, the governor becomes a checkpoint authority, exercising a power he has never been adorned with.