The Bharatiya Janata Party (BJP) and several constitutional as well as domain experts have lambasted the Kerala government after it passed an order to appoint IAS K Vasuki as the ‘foreign secretary’ in the state. Strikingly, the Left Democratic Front (LDF) government in Kerala has claimed that IAS Vasuki only has the additional charge of “External Cooperation” and she will liaise with the Ministry of External Affairs (MEA). According to them, the LDF government’s order dated 15th July didn’t appoint a ‘Foreign Secretary’ as it comes under the purview of the Union government.
However, the appointment of an IAS officer as Secretary for “External Cooperation” in foreign matters by a state government doesn’t sit well with the Indian constitution and well-established rules of business and norms. The order not only violates the seventh schedule of the Indian constitution which categorises Foreign Affairs under the Union List but is also at odds with the Indian constitution. It could set a dangerous precedent for Indian democracy as well as harm national integrity both in the country as well as abroad.
‘Blatant overreach’ and violation of Union List: BJP slam Communist government over the appointment order
BJP State President K Surendran came down heavily on the LDF government and Kerala Chief Minister Pinarayi Vijayan. He described the appointment of a ‘foreign secretary’ as a “blatant overreach” and a violation of the Union list of the Indian Constitution. Pointing out that the LDF government has no mandate in foreign affairs, he asked CM Vijayan if he was “trying to establish Keralam as a separate nation?”
The appointment of an IAS officer as 'Foreign Secretary' in Kerala by CM Pinarayi Vijayan is a blatant overreach and a violation of the Union list of our Constitution. The LDF government has no mandate in foreign affairs. This unconstitutional move sets a dangerous precedent. Is…
— K Surendran (@surendranbjp) July 20, 2024
K Surendran also warned that the LDF government’s move to interfere with External affairs could have serious repercussions. He stressed that the Communist government has been embroiled in several alleged scams and is under the scanner of probing agencies.
Highlighting scam allegations against the Vijayan government, the state BJP President said, “The Kerala Chief Minister has already been accused of smuggling gold through the UAE consulate and collecting funds abroad. Violations of the protocol by the Chief Minister, Ministers, and Speaker are still being investigated by agencies.”
He added, “Former Finance Minister (in the first Pinarayi government) Thomas Isaac is under ED’s lens for violating the FCRA Act under the guise of KIIFB (Kerala Infrastructure Investment Fund Board). All dollar smuggling and currency smuggling related to this government are under investigation. Vadakancherry LIFE Mission Scam will also find a place in the list.”
Surendran argued whether the appointment of Foreign Secretary was being done to safeguard the financial dealings and interests of CM Pinarayi Vijayan in the Gulf countries.
Additionally, Former Minister of State (MoS) in MEA, V Muraleedharan said that the appointment order blatantly challenges federal principles. He asked, “Is this a misguided governance attempt or another step in CM’s history of dubious foreign consulate ties?”
This move by @pinarayivijayan’s govt looks like a tactical ploy for securing support for their frequent foreign trips. Given their history of shady relations and smuggling, the true motives behind this decision are deeply concerning. @PMOIndia @AmitShah@JPNadda @BJP4India
— V Muraleedharan / വി മുരളീധരൻ ( Modi Ka Parivar) (@VMBJP) July 20, 2024
According to him, the move looked like a “tactical ploy” by CM Vijayan for securing support for their frequent foreign trips. Given their history of shady relations and smuggling, the true motives behind this decision are deeply concerning, the BJP leader added.
He also requested the Kerala Governor to revoke CM Vijayan’s ‘unconstitutional’ order which undermines the constitution and federal integrity.
Congress leader, Shashi Tharoor, who has previously served as a diplomat and as MoS MEA, described it as a “fairly unusual” move, however, he refrained from criticising his I.N.D.I. alliance partner, CPI(M). Defending the move, he claimed that it was done for better ‘coordination’ and a move meant for the betterment of Keralites abroad.
VIDEO | Here's what Congress MP Shashi Tharoor said on Kerala government appointing IAS officer K Vasuki as 'foreign secretary'.
— Press Trust of India (@PTI_News) July 20, 2024
"The fact is that foreign relations are controlled by the Union government and no state government has any independent foreign relations but it is… pic.twitter.com/NOx69KMfyk
Kerala government defends the move, claims that they have not appointed a ‘Foreign Secretary’
Defending the move, the LDF government has claimed that they have given IAS K Vasuki additional charge of “external co-operation” and it should not be read as an appointment of “foreign secretary”.
Following massive backlash, Kerala Chief Secretary Venu V issued a clarification. He claimed that an officer for External Cooperation was in existence for some time and was created for better coordination with delegates coming to the state from other nations.
In a Facebook post, he claimed that the state government had not issued an order appointing a foreign secretary as it was not ignorant of the fact that foreign affairs were the domain of the Centre.
However, speaking to NewsX, Former Foreign Secretary, Harsh Vardhan Singhla rejected the LDF government’s claim that appointing a Secretary for ‘External Cooperation’ was not the same as appointing a foreign Secretary’. Pointing out that the order violates the Indian constitution, he urged the state government to either amend the order or revoke it.
Regarding the phrasing and LDF government’s defense of ‘External co-operation’, Harsh Vardhan Singhla pointed out that the formal name of the Union Ministry is ‘Ministry of External Affairs’ and not Foreign Ministry as colloquially referred to as in media. He added, “So external cooperation really refers to foreign policy or foreign-related cooperation and from that perspective, I don’t think there is any ambiguity in that order.”
He added that this is a case of over-reach, the state has to either amend the order or take it back. Responding to the query that the matter could reach the courts, Singhla said there is no case made out here as it is clearly in violation of the Union list. He added that states can’t start conducting their own foreign policy.
Meanwhile, he also pointed out that when officers/ governments deal outside India, they deal with entities not based on states but rather on a country basis, that is they see them as Indian citizens, not as residents of Kerala, UP, or any other state.
Grave ramifications of the appointment order
Meanwhile, apart from the BJP, several journalists, X users, and experts have pointed out that the order by a state government to appoint a ‘foreign secretary’ is unconstitutional as it violates the seventh schedule.
Jai Sanvidhan!!
— Shehzad Jai Hind (Modi Ka Parivar) (@Shehzad_Ind) July 21, 2024
Kerala Leftists have appointed their own Foreign Secretary !! They have their own Lal Kitab 📕 it seems ??
What next? Wazir E Azam for each INDI alliance state ? Next Art 370 in each INDI Alliance state ?? Defence minister ?
Will the on vacation LoP Rahul… pic.twitter.com/jseTg6DItr
Kerala Govt has appointed K Vasuki as their own Foreign Secretary.
— Mr Sinha (@MrSinha_) July 21, 2024
Last when i checked, Kerala was still part of India, when did it become an independent country @pinarayivijayan?
Foreign policy isn't a state subject, such decisions are clearly against the idea of India. Is the… pic.twitter.com/k0AaPEUaay
The state of Kerala governed by the INDI alliance has literally destroyed the soul of our constitution by appointing K Vasuki as their own "foreign secretary" and undermining the sovereignty of this great country. The hunger for power has turned the INDI politicians to cannibals… pic.twitter.com/LDChDAxLJk
— Rashmi Samant (@RashmiDVS) July 21, 2024
In simple terms, under the seventh schedule, the constitution has categorised subjects into three lists, namely Union, Concurrent, and state lists to divide areas of responsibility and avoid turf war or delegation of responsibility/accountability on others. Only the Union government can make rules and laws on subject matters mentioned in the Union List. Similarly, states have the authority to make laws on matters mentioned in the state list. On subject matters mentioned in the concurrent list, both state and Union governments can make laws with the Union government’s law overriding state laws in case of overlap.
Notably, Foreign Affairs comes in the Union list. Simply put, only the Union government can make decisions, frame rules, or make appointments concerning the External affairs department and Foreign policy. That is, states can’t start conducting their foreign policy or make appointments to that effect. This is why the recent appointment of IAS K Vasuki as the Secretary for ‘External Co-operation’ (in other words ‘Foreign Secretary’) is seen as an overreach by the state government of Kerala and a violation of the Indian constitution.
Kerala government’s decision threatens Federalism enshrined in the constitution and furthering divisions
The move by Kerala government is also seen as an attempt to usurp the powers of the Union government, posing a serious threat to federalism and the democratic process in the country.
Over the years, states ruled by the parties that are part of the I.N.D.I.A. bloc have made several decisions against the federal structure enshrined in the Indian constitution. This includes Kerala and West Bengal governments insisting on appointing Vice-Chancellors for Universities which have been junked by the courts, states revoking NOC for probing agencies like ED, and CBI to investigate fresh cases in their states, and presenting the Union government as an outsider, alien to the state.
Further, the recent appointment order of a ‘Foreign Secretary’ could embolden sentiments of regional chauvinism, and foment further division of the country on lines of political ideology. Following the incident, more states could feel inclined to appoint officers, in violation of the constitution, as facilitators to other CMs in the guise of assisting their labourers in that state, or even in the judiciary to speed up matters concerning their state residents.
The appointment of a ‘foreign Secretary’ by a state government could lead to the creation of more unconstitutional posts that undermine democracy, federalism, and the Indian constitution.
On several occasions, several political parties and leaders including the incumbent Leader of the Opposition (LoP) in the Lok Sabha, Rahul Gandhi have furthered falsehoods that India is a “Union of States”, alleging that the Union government can’t bulldoze itself on state governments. In line with the Union of States assertion and allegations of the so-called North-South divide, they have also peddled divisive propaganda around tax devolution to states and their states’ particular concerns about collection of GST. If the current trend of appointment continues, it could lead to states, especially ruled by I.N.D.I. alliance parties, to appoint their ‘Secretary’ to the Finance Department and other Ministries.
Nonetheless, such appointments by the state government in the guise of the betterment of their state residents abroad not only further divisive sentiments, harming national integrity and national brotherhood, it also have the potential to divide Indians living abroad on a linguistic and regional basis. It could lead to segregation of Indian citizens abroad on such divisive lines and blurring sentiments of national interest and brotherhood in them, instilling in them the sentiment to bypass Indian government over ideological, linguistic, or regional bais.
