Kerala

Kerala Governor threatens to remove minister by ‘withdrawing pleasure’

The Governor and the state government have been at loggerheads for several months now, over a number of issues ranging from varsity appointments to the signing of the University Laws Amendment Bill.
Kerala Governor Arif Mohammed Khan
Kerala Governor Arif Mohammed Khan
Written by:
TNM Staff

The stand-off between Kerala Governor Arif Mohammed Khan and the state government took a new turn on Monday, October 17, when the former threatened that strict action – including the withdrawal of ministerial powers – would follow if cabinet ministers continued to make remarks targeting him and his office. “The [Chief Minister] and Council of Ministers have every right to advise Governor. But statements of individual ministers that lower the dignity of the office of the Governor, can invite action including withdrawal of pleasure (sic),” said the tweet from the Governor's official handle. The statement comes close on the heels of Higher Education Minister R Bindu’s remark on Friday, that the Governor was acting in adherence to the agenda of the Rashtriya Swayamsevak Sangh (RSS).

The Governor’s tweet has since triggered a row in Kerala’s political circles, with many including the Communist Party of India (Marxist) (CPI(M)) calling the statement “anti-Constitutional and anti-democratic.” Simultaneously, the tweet has also led to a discussion on the legal validity of Arif’s claim. Does the Governor actually have the power to remove a Minister from their post by “withdrawing pleasure?” If yes, what is the extent of that power?

According to constitutional experts, the legislation is more complicated than that. As per Article 164 of the Indian Constitution, the Chief Minister of a state shall be appointed by the Governor, but it is on the advice of the Chief Minister that the Governor can appoint the other ministers. Subsequently, the ministers shall hold office “during the pleasure of the Governor,” which means that he can technically withdraw that pleasure. The Governor, however, does not have unilateral power to remove a minister, experts say. “Technically speaking, if the Governor withdraws the pleasure, the minister concerned will cease to hold the office. But again, the Chief Minister also has the power to reinstate that minister, since the Governor has little say on the appointments to the Cabinet. His power is only in regard to the continuity of the minister’s term,” advocate George Poonthottam told TNM.

Supreme Court advocate Mukund P Unni later explained in a tweet that the “pleasure” mentioned in Article 164(1) is the confidence of the House. “The Governor's discretionary powers are very narrow; and there is no power to dismiss a Minister merely because he does not enjoy the pleasure of the Governor (sic),” the tweet said. “The Governor should probably start making notes on SR Bommai, Nabam Rebia and Rameshwar Prasad judgments of the Supreme Court, rather than reading the Constitution literally,” he added in another tweet.

Meanwhile, the CPI(M) in an official press release came down heavily on the Governor, stating that “such dictatorial powers are not vested with the Governor by the Constitution.” By making such a statement, he has only exposed his political bias and hostility to the LDF government, the party said, adding that the President of India should intervene to prevent the Governor from making such anti-constitutional and anti-democratic statements.

Former Lok Sabha Secretary General PDT Achari also condemned the Governor’s statement, stating that the Constitution did not empower the latter to remove ministers as he pleased. “The power to appoint and remove a minister lies with the Chief Minister alone. The Governor’s role is to heed the directives of the council of ministers,” Achari said.

The Governor and the state government have been at loggerheads for several months now, over a number of issues ranging from varsity appointments to the signing of the University Laws Amendment Bill. Speaking on the Governor’s refusal to sign the Bill, Minister R Bindu had stated on Friday that everyone was duty bound to execute constitutional responsibilities. “Important Bills are being delayed because they are lying idle in the Governor’s office. If there are flaws in the Bill, he could have sent them back. But he is not even doing that,” the Minister had said. “We are not here to fight with the Governor. The government prefers to behave in a dignified manner. We are exercising restraint,” she added, further alleging that Arif was acting in accordance with the RSS agenda. According to sources, it was these statements by the Higher Education Minister that irked the Governor. The Governor had earlier alleged that the aforementioned Bill was part of the state government’s attempt to facilitate the selection of persons of their choice as the Vice Chancellor.

The Governor’s controversial tweet follows another surprising move he made on Saturday, when he issued an order dismissing 15 senate members, citing their alleged failure to discharge their duties and responsibilities. The move had come in the wake of many senate members boycotting a special meeting, convened on the Governor’s behest, to choose its nominee for the Vice Chancellor post. Eleven members nominated by the Governor had stayed away from the meeting. “I hereby withdraw my pleasure from allowing them to continue as members in the senate of the university with immediate effect,” he had said in the order dismissing the senate members. 

In another tweet later on Monday, the Governor said that he was granting to the selection committee an extension of three more months from November 5 to make a recommendation for the appointment of the Kerala University VC.

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