Constitutional Boundaries of Governor's Powers in Dismissing Ministers: Preserving the Federal Framework : Daily News Analysis

Date : 01/07/2023

Reference – GS Paper 2 – Governor

Key Words: Pleasure Doctrine, Constitutional framework, Government of India Act, 1935, Constitutional Head

Context

The recent dismissal and subsequent reversal of a Minister in the Council of Ministers of Tamil Nadu by Governor R.N. Ravi has sparked a debate over the constitutional powers of Governors and their potential impact on state governments. This article examines whether Governors have the authority to dismiss individual Ministers without the recommendation of the Chief Minister, and argues that such actions could undermine the federal system and the constitutional framework.

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The Power of Governors in Dismissing Ministers

Under Article 164 of the Constitution, the Chief Minister is appointed by the Governor, but the appointment of individual Ministers is done based on the Chief Minister's advice. This implies that the Governor cannot appoint a Minister at their own discretion and can only dismiss a Minister upon the Chief Minister's advice.

The discretion to choose and dismiss Ministers lies with the Chief Minister, who is accountable to the people. The Constitution does not grant the Governor the authority to exercise this discretion.

Constitutional Provisions Governing the Role of Governors

  • The provisions related to the appointment and powers of governors in India can be found in Part VI of the Indian Constitution. Article 153 stipulates that each state shall have a governor, and it is possible for one person to be appointed as the governor for two or more states.
  • The governor functions in a dual capacity, serving as the constitutional head of the state and as the representative of the President. This position is crucial in maintaining the federal structure of the Indian polity, acting as a link between the central and state governments.
  • Eligibility requirements for the post of governor are outlined in Article 157 and Article 158 of the Constitution. The criteria include being a citizen of India, at least 35 years of age, not being a member of either house of parliament or state legislature, and not holding any office of profit.
  • Typically, the term of office for a governor is five years. However, the term can be terminated earlier under certain circumstances. The President, upon the advice of the council of ministers headed by the prime minister, can dismiss a governor. It is important to note that dismissal without a valid reason is not permitted. The President has the duty to dismiss a governor if their actions are deemed unconstitutional and malafide by the courts. Additionally, governors have the option to resign from their position.
  • The role of governors is significant in upholding the principles of federalism and ensuring the effective functioning of the state governments. They play a crucial part in maintaining a harmonious relationship between the center and the states, contributing to the overall governance of the country.

Historical Perspective: The Government of India Act, 1935

Examining the Government of India Act, 1935 provides further clarity on this matter. Section 51(1) of the Act states that "the Governor's Ministers shall be chosen and summoned by him, shall be sworn as members of the council, and shall hold office during his pleasure." This section establishes that Ministers are chosen by the Governor and serve at their pleasure. Sub-section 5 of Section 51 further affirms that the Governor exercises discretion in choosing and dismissing Ministers and determining their salaries.

From the provisions in the Government of India Act, 1935, two key points emerge: Ministers are chosen by the Governor, and their dismissal is at the Governor's discretion. This approach allowed for arbitrary hiring and firing during colonial rule.

Governor as a Constitutional Head

The recent actions of the Tamil Nadu Governor suggest a misunderstanding of the powers conferred upon Governors in independent India. In the constitutional system of India, Governors are mere constitutional heads and can only act based on the advice of the Council of Ministers, headed by the Chief Minister.

B.R. Ambedkar, a key figure in the drafting of the Indian Constitution, explicitly stated that Governors have no independent executive functions under the Constitution. Therefore, the selection and dismissal of Ministers no longer fall within the Governor's discretion. It is the Chief Minister who has the authority to choose and recommend the removal of a Minister.

Understanding the "Pleasure Doctrine"

While the pleasure doctrine is incorporated into the Indian Constitution from the Government of India Act, 1935, it should be noted that the terms "chosen," "dismissal," and "discretion" were omitted when drafting Article 164. This omission signifies that the Constitution does not grant the Governor any discretion to select or dismiss an individual Minister.

Judicial Clarification

The Supreme Court of India has clarified the position of Governors in the constitutional setup through various cases. In Shamsher Singh and Nabam Rebia cases, the court held that Governors can exercise their formal constitutional powers only upon and in accordance with the advice of their Ministers, with limited discretionary powers as defined in Article 163(1). The court also invalidated previous decisions that granted Governors unfettered power under Article 164.

Conclusion

The dismissal of a Minister by the Governor of Tamil Nadu without the Chief Minister's advice is constitutionally incorrect. Such actions can disrupt the constitutional system and raise concerns about the stability of state governments. While it is reported that the Governor later suspended the dismissal order for legal consultation, the issue of dismissing a Minister without the Chief Minister's advice remains a threat to the constitutional framework.

Probable Questions for Mains Examination

  1. Discuss the constitutional powers of Governors in India with regard to the appointment and dismissal of Ministers in state governments. Examine the potential consequences of Governors dismissing Ministers without the recommendation of the Chief Minister, highlighting the implications for the federal system and constitutional framework. (10 Marks,150 words)
  2. Analyze the historical and judicial perspectives on the powers of Governors in India, specifically focusing on the Government of India Act, 1935, and landmark Supreme Court cases. Evaluate the arguments presented in the article regarding the discretion of Governors in dismissing individual Ministers and the role of Chief Ministers in the appointment and removal process. (15 Marks, 250 words)

Source – The Hindu