Tussle between Elected and Appointed Representative

In News

• Recently, the Kerala Governor warned ministers of removal who tried to lower the dignity of his office.

About the recent controversy 

• The Constitution does not give the Governor “dictatorial powers” to remove the ministers.
  • There has been no occasion so far of a Governor unilaterally removing a minister from the government. 
• Major Issues:
  • Governor’s allegedly refused to give assent to University Laws (Amendment) Bill, 2022, which was passed by the Assembly this year. 
    • The Bill had given an upper hand to the state government in the selection of vice-chancellors of the universities in Kerala. 
  • The Governor should return the Bill for reconsideration instead of withholding his approval indefinitely. 

Role of Governor in the parliamentary system

• Articles 153-161: The position, role, powers, and conditions of office of the Governor are described in Articles 153-161 of the Constitution.
• The position of Governor is similar to that of the President at the Union.
  • He is at the head of the state’s executive power, and barring some matters, acts on the advice of the council of ministers, which is responsible to the state legislature. 
• Acts as a link: The Governor is appointed by the President (on the advice of the central government) and, therefore, acts as the vital link between the Union and the state governments.
• Powers: The Governor enjoys certain powers such as giving or withholding assent to a Bill passed by the state legislature or determining the time needed for a party to prove its majority or which party must be called first to do so, generally after in a hung Assembly.
• Article 164(1): It deals with the appointment of the Chief Minister and other ministers. 
  • While the Governor does not have to seek anyone’s advice while appointing the Chief Minister, he can appoint a minister only on the recommendation of the Chief Minister. 
  • The Supreme Court had on many occasions held that a government that enjoys a majority in the House cannot be dismissed by the Governor.
    • Thus, if the government enjoys a majority in the House, the Governor cannot say that he withdraws his pleasure.
  • The pleasure of the Governor is co-terminus with the majority in the House.  

What does the “pleasure” of the Governor mean?

• This does not mean the Governor has the right to dismiss the Chief Minister or ministers at will.
  • The Governor can have his pleasure as long as the government enjoys a majority in the House. 
  • The Governor can withdraw his pleasure only when the government loses majority but refuses to quit. Then he withdraws the pleasure and dismisses it. 

Way forward/ Suggestions 

• The National Commission to Review the Working of the Constitution appointed by the Atal Bihari Vajpayee government in 2000 recommended significant changes in the selection of Governors.
  • The Commission suggested that the Governor of a State should be appointed by the President, after consultation with the Chief Minister of that State.
  • Normally the five year term should be adhered to and removal or transfer of the Governor should be by following a similar procedure as for appointment i.e., after consultation with the Chief Minister of the concerned State.
• The Sarkaria Commission
  • That was set up in 1983 to look into Centre-state relations, and proposed that the Vice President of India and Speaker of Lok Sabha should be consulted by the Prime Minister in the selection of Governors.
• The Justice Madan Mohan Punchhi Committee
  • That was constituted in 2007 and proposed in its report that a committee comprising the Prime Minister, Home Minister, Vice President, Speaker, and the concerned Chief Minister should choose the Governor.
  • It recommended deleting the Doctrine of Pleasure from the Constitution, but backed the right of the Governor to sanction the prosecution of ministers against the advice of the state government. 
  • It also argued for a provision for impeachment of the Governor by the state legislature. 

Source: IE