Governor Move Dangerous Unconstitutional
Source : The Hindu
GS II : Indian Polity
Overview
- How it impacts?
- Cases Related
- Governor’s Power And Authority of CM
Why in News ?
A member of the Tamil Nadu Council of Ministers was fired by the state’s governor. The governor then changed his mind, maintaining the status quo of the dismissal order.
- According to the letter from the governor, he was using Articles 153, 163 and 164 of the Constitution.
How it impacts?
- A hazardous precedent will be created by this unusual act of removing a Minister from a government that has an absolute majority in
Photo by Tingey Injury Law Firm on Unsplash the state assembly without the support of the chief minister of the state.
- It has the capacity to undermine State governments, endangering the federal structure.
- The whole constitutional structure will disintegrate if Governors are permitted to utilise the authority to remove specific Ministers without the consent of the Chief Minister.
- The constitutional framework outlined in these articles does not grant the Governor discretionary powers in the appointment or removal of ministers, which is under the purview of the CM.
- It would be unconstitutional for the Governor to terminate someone on his own initiative on the pretence that his prior recommendation to do so was ignored.
Cases Related
- Shamsher Singh vs State of Punjab 1974: The President and Governor, who are the guardians of all executive authorities, must only employ their official constitutional powers in conformity with the counsel of their Ministers, ruled a seven-judge Constitution Bench.
- Nabam Rebia vs Deputy Speaker (2017): Constitution Bench reaffirmed the discretionary powers of the Governor are limited to the postulates of Article 163 of the Constitution.
Article 163: There shall be a Council of Ministers with the CM at the head to aid and advise the Governor in the exercise of his functions, except in so far as he is by or under this constitution required to exercise his functions or any of them in his discretion.
Governor’s Power And Authority of CM
- According to Article 164 of the Constitution, the Governor appoints the CM without consulting anybody else.
- Governor names the individual Ministers on the CM’s recommendation.
- According to the Article, the Governor is not permitted to designate a certain Minister at his discretion.
- Therefore, it makes sense that the Governor can only fire a Minister on the CM’s recommendation.
- Authority of CM
- Only the CM has the authority to select his ministers. He chooses who will serve as his Council’s Ministers.
- He also chooses who will leave his Council as a Minister. The CM, who ultimately answers to the public, made this political choice.
- The Governor does not now have the CM’s discretion under the Constitution.
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