Power of Governor to remove minister
- October 18, 2022
- Posted by: OptimizeIAS Team
- Category: DPN Topics
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Power of Governor to remove minister
Context:
- Kerala Governor Arif Mohammed Khan has warned ministers who lower the dignity of his office that they would invite action including removal from their post.
What is the issue:
- The recent development came amid a tussle between Arif Mohammed Khan and the Pinarayi Vijayan-led state government on the governor’s approval to legislations such as the Lok Ayukta and University Laws Amendment Bills as well as a matter relating to appointment to universities.
- Last week, Arif Mohammed Khan withdrew 15 of his nominees from the senate of Kerala University in his capacity as the chancellor of the university.
- The whip on the Senate members was issued after they kept away from a meeting of the university body which should have proposed its nominee for the search-cum-selection committee for the next V-C of the university.
- Earlier, Arif Mohammed Khan had formed a search committee without the Senate nominee.
- Since the University Act mandates that the committee should have a nominee of the Senate and there was no recommendation for the nominee from the CPI(M)-dominated Senate, Khan notified only a two-member committee.
Constitutional Power of Governor:
- Article 163: There shall be a council of ministers with the chief minister as the head to aid and advise the governor in the exercise of his functions, except in so far as he is required to exercise his functions in his discretion.
- Article 164: 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.
- Article 174: The Governor can also summon, prorogue, and dissolve the Legislative Assembly. By convention, he does this on the advice of the Council of Ministers while they enjoy the confidence of the Assembly.
- Article 200: Every Bill passed in an Assembly has to be sent to the Governor, after which he has four options
- To assent to the Bill,
- Withhold assent,
- Reserve the Bill for the consideration of the
- Return the Bill to the legislature, asking it to reconsider the Bill or an aspect of it. The Governor can also suggest an amendment to the Bill.
Views of the legal experts:
- The legal fraternity is divided over a Governor’s constitutional power to remove a minister.
- A section argues the Kerala Governor’s warning is in line with the powers granted under the Constitution. The Governor can, in fact, remove the ministers appointed out of discretion and when that pleasure no more exists,
- Another section believed that such dictatorial powers are not vested with the governor.
- Former Lok Sabha Secretary General P D T Achary says the Governor cannot remove a minister in their own capacity without obtaining the sanction of the Chief Minister or consulting with the latter
- A Governor can recommend the President to dismiss the state Government based on the prevailing political situation. However, it’s the President who has to make the final call.
- The first Kerala government was dismissed based on the Governor’s recommendation.