The extra-constitutional delusions of Raj Bhavan

  • October 31, 2022
  • Posted by: OptimizeIAS Team
  • Category: DPN Topics
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The extra-constitutional delusions of Raj Bhavan

Subject: Polity

Context:

  • Kerala Governor Arif Mohammed Khan and the State government have major differences over multiple issues.
  • The latest controversy has arisen after he sought the resignation of several vice-chancellors following a Supreme Court judgment setting aside the appointment of the Vice-Chancellor of a technology university.
  • As a fallout of comments made by the State’s Finance Minister, K. N. Balagopal, the Governor has also sought his dismissal from his Cabinet, declaring that he has withdrawn the pleasure of having him in the Council of Ministers
  • This has led to the debates over using the ‘Doctrine of Pleasure’ for appointment and dismissal of Vice-Chancellor of Universities by the Governor of the State as Chancellor of all the State Universities.

What is the Doctrine of Pleasure:

  • The pleasure doctrine is a concept derived from English common law, under which the crown can dispense with the services of anyone in its employ at any time.

What is the Governor’s office colonial origin:

  • The Government of India Act, 1858 situated the post of Governor under the supervision of the Governor General. 
  • As per the subsequently promulgated Government of India Act, 1935, Governors were to act based on the advice of the provincial Government.

What are the constitutional power of the 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 President
    • 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.

Does the Governor have Power to use pleasure doctrine:

  • Under Article 164, the Chief Minister is appointed by the Governor and the other Ministers are appointed by the Governor on the CM’s advice. It adds that Ministers hold office at the pleasure of the Governor.
  • In a constitutional scheme in which they are appointed solely on the CM’s advice, the ‘pleasure’ referred to is also taken to mean the right of the Chief Minister to dismiss a Minister and not that of the Governor.
  • In short, the Governor of an Indian State cannot remove a Minister on his own.
Polity The extra-constitutional delusions of Raj Bhavan