Removal of Minister

Removal of Minister

Subject: Polity

Section: Executive

Context:

In India, the minister can be removed in following ways:

• Upon death.
• Upon self resignation, or resignation or death of the Prime Minister.
• Upon dismissal by the President for the minister’s unconstitutional acts per Article 75(2).
• Upon direction from the Judiciary for committing violation of law.
• Upon ceasing eligibility to be a Member of Parliament.
• Under the provision of “Collective Responsibility” under Article 75, the Prime Minister and the entire Council of Ministers resign if a Vote of No Confidence is passed in the Lower House (Lok Sabha) of the Indian Parliament

Similarly, every state in India is governed by its council of ministers with rules and procedures similar to the union council of ministers per Articles 163, 164 and 167(c).

In March 2020, the Supreme Court of India used its powers for the first time to do “complete justice” under Article 142 of the Indian Constitution to remove a minister functioning in the state of Manipur

Article 142 – Enforcement of decrees and orders of Supreme Court and unless as to discovery, etc  (1) The Supreme Court in the exercise of its jurisdiction may pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it, and any decree so passed or orders so made shall be enforceable throughout the territory of India in such manner as may be prescribed by or under any law made by Parliament and, until provision in that behalf is so made, in such manner as the President may by order prescribe

(2) Subject to the provisions of any law made in this behalf by Parliament, the Supreme Court shall, as respects the whole of the territory of India, have all and every power to make any order for the purpose of securing the attendance of any person, the discovery or production of any documents, or the investigation or punishment of any contempt of itself

Article 75 (2): The Minister shall hold office during the pleasure of the President.

Article 164 (1):  The chief Minister shall be appointed by the Governor and the other Ministers shall be appointed by the Governor on the advice of the Chief Minister, and the Ministers shall hold office during the pleasure of the Governor: Provided that in the State of Bihar, Madhya Pradesh and Orissa, there shall be a Minister in charge of tribal welfare who may in addition be in charge of the welfare of the Scheduled Castes and backward classes or any other work