Governor cannot dismiss a Minister unless recommended by Chief Minister, says former Secretary General of Lok Sabha
2 years, 2 months ago

Governor cannot dismiss a Minister unless recommended by Chief Minister, says former Secretary General of Lok Sabha

The Hindu  

No Governor can dismiss an individual Minister from a State Cabinet unless recommended by the Chief Minister, said P.D.T. Responding to the controversial tweet of Governor Arif Mohammed Khan, Mr. Achary said though the Governor is the appointing authority of the Chief Minister, he cannot appoint any person of his choice as a State Minister. Incidentally, responding to the criticism by some of the Cabinet Ministers, the Governor had tweeted that the “statements of individual Ministers that lower the dignity of the office of the Governor, can invite action including withdrawal of pleasure.” Article 164 According to Mr. Achary, Article 164 of the Constitution says 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 at the pleasure of the Governor. The Governor’s pleasure continues in the Constitutional sense as long as the government enjoys a majority in the House.

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History of this topic

A disquieting trend in governor’s actions
1 year, 5 months ago

A disquieting trend in governor’s actions

Hindustan Times  

The governor of Tamil Nadu, RN Ravi, experimented with a rare kind of constitutional adventurism by dismissing a sitting minister without being advised by the chief minister. The crucial constitutional question is whether the governor has the power to dismiss a minister without the advice of the CM. Article 164 of the Constitution says, “The ministers shall hold office during …

Kerala Governor justifies 'withdrawing pleasure' from minister amid Tamil Nadu row
1 year, 5 months ago

Kerala Governor justifies 'withdrawing pleasure' from minister amid Tamil Nadu row

India Today  

At a time when Tamil Nadu Governor and CM MK Stalin are at odds over jailed minister's dismissal, Kerala Governor Arif Mohammad Khan justified withdrawing pleasure from finance minister K N Balagopal last year. KN Balagopal had reportedly said during an event last year that those who come from places like Uttar Pradesh may find it difficult to understand the …

Tamil Nadu Governor’s move is dangerous, unconstitutional
1 year, 5 months ago

Tamil Nadu Governor’s move is dangerous, unconstitutional

The Hindu  

The Governor of Tamil Nadu, R.N. If Governors are allowed to exercise the power of dismissal of individual Ministers without the knowledge and recommendation of the Chief Minister, the whole constitutional system will collapse. But, independent India has a constitutional system under which a Governor is a mere constitutional head and he can act only on the aid and advice …

Remove Governor R.N. Ravi from his post, says Thirumavalavan
1 year, 5 months ago

Remove Governor R.N. Ravi from his post, says Thirumavalavan

The Hindu  

Viduthalai Chiruthaigal Katchi founder Thol. Ravi from the post of Governor for ‘brazenly’ acting against the Constitution, after he announced that he was dismissing Minister without portfolio, V. Senthilbalaji, before keeping the decision in abeyance. In a statement, Mr. Thirumavalavan said according to Article 164 of the Constitution of India only the Chief Minister has been given the right to …

Governor should function as per Indian Constitution to dignify his post: Speaker
1 year, 5 months ago

Governor should function as per Indian Constitution to dignify his post: Speaker

The Hindu  

The Governor, who has no power to dismiss a minister from the Council of Ministers, should discharge his duty as stipulated in the Indian Constitution, which will dignify the Constitutional post he holds, Tamil Nadu Assembly Speaker M. Appavu has said. Ravi, who dismissed V. Senthilbalaji from the Council of Ministers, had understood within four-and-a-half hours that that the Governor, …

Senthil Balaji's Dismissal on Hold: Can Governor Remove a Minister From Cabinet?
1 year, 5 months ago

Senthil Balaji's Dismissal on Hold: Can Governor Remove a Minister From Cabinet?

The Quint  

Chief Minister MK Stalin told reporters on Thursday that the governor does not have the right to dismiss the minister and that the DMK government will move legally. "Governor doesn't have the right and we will face this legally," he said, according to news agency PTI. BJP spokesperson Narayanan Thirupathy told the media, "The governor is the constitutional head of …

Power of Governor to dismiss a Minister | Appointing authority is also dismissing authority, said Supreme Court in 1979
1 year, 5 months ago

Power of Governor to dismiss a Minister | Appointing authority is also dismissing authority, said Supreme Court in 1979

The Hindu  

While there are hardly any authoritative judicial pronouncements on the power of a Governor to dismiss a Minister, an obiter dictum in M. Karunanidhi versus Union of India decided on February 20, 1979 states that an appointing authority would also be the dismissing authority. The judges held that the Chief Minister would incontrovertibly be a public servant since he/she receives …

The Governor is under the Constitution, not above it
2 years, 1 month ago

The Governor is under the Constitution, not above it

The Hindu  

In recent years, there has been a grave erosion of constitutional provisions, constitutional morality, and constitutional ethos being witnessed among various constitutional bodies. Acting in harmony The Supreme Court, in Shamsher Singh vs State of Punjab and Anr., decided on this issue in 1974: The Governor exercises “all his powers and functions” by making rules for the convenient transactions of …

Why Kerala governor wants action against Pinarayi's minister K.N. Balagopal
2 years, 1 month ago

Why Kerala governor wants action against Pinarayi's minister K.N. Balagopal

India Today  

The escalating tensions between Kerala governor Arif Mohammed Khan and the Pinarayi Vijayan government have reached the doorstep of state finance minister K.N. The letter cited media reports about statements made by Balagopal at the Kerala University’s Karyavattom campus on October 19, in the presence of the chief minister. Despite the warning, Pinarayi, Balagopal, higher education minister R. Bindu and …

Kerala guv threatens to remove ministers for \'lowering dignity\'
2 years, 2 months ago

Kerala guv threatens to remove ministers for \'lowering dignity\'

Deccan Chronicle  

THIRUVANANTHAPURAM: Kerala governor Arif Mohammad Khan’s warning to remove ministers of the Left Democratic Front who “lower his dignity” has evoked sharp reactions from the ruling CPM. But statements of individual ministers that lower the dignity of the office of the Governor, can invite action including withdrawal of pleasure” Khan issued the warning after being reportedly annoyed by higher education …

Explained | The office of the Governor: its origins, powers, and controversies
2 years, 3 months ago

Explained | The office of the Governor: its origins, powers, and controversies

The Hindu  

September 21, 2022 11:31 am | Updated January 11, 2023 01:49 pm IST Watch | What are the powers of a Governor and Lieutenant Governor? Article 143 of the draft Constitution states that the Council of Ministers of a State with the Chief Minister as the head should “aid and advise” the Governor in carrying out his functions, “except in …

Governors doing the Centre’s bidding
3 years, 9 months ago

Governors doing the Centre’s bidding

The Hindu  

Seshan’s reign as Chief Election Commissioner was sought to be cut short by offering him the governorship of an important State. I feel that no departure from the principles of Constitutional Government should be favoured except for reasons of emergency and these discretionary powers must be done away with.” Brajeshwar Prasad from Patna demurred: “I feel that the Governor should …

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