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

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 salary from the government treasury. While arriving at the conclusion, the judges wrote that there was no necessity to probe the differences between the powers conferred on the Governor under the Constitution and the Government of India Act “because the Constitution clearly lays down that the Governor appoints the Chief Minister and being the appointing authority he is also the dismissing authority”. Once it is conceded that the Governor appoints the Chief Minister who is paid a salary according to a statute made by the legislature from the government funds, the Chief Minister becomes a person in the pay of the Government so as to fall squarely within Clause of Section 21 of the Penal Code.” The verdict, penned by Justice Fazal Ali, also stated, “A Minister is appointed or dismissed by the Governor and is, therefore, subordinate to him whatever be the nature and status of his constitutional functions.”