The Governor's move is dangerous, unconstitutional

 Source: The Hindu

For Prelims: Article 164 and Article 163(1) of the Constitution, Section 51(1) and Section 51(5) of the Government of India Act, 1935,

Important cases:

• Shamsher Singh and Anr vs State Of Punjab, 1974
• Nabam Rebia And Etc. Etc vs Deputy Speaker And Ors, 2016
• Shri Pratapsing Raojirao Rane & ... vs The Governor Of Goa & Others, 1998,
• Mahabir Prasad Sharma vs Prafulla Chandra Ghose And Ors., 1968

For Mains:  Balance of power - Governors and Chief Ministers.

Highlights of the Article:

• The Governor of Tamil Nadu dismissed Minister V. Senthil Balaji, citing concerns about the impact on due process and the Constitutional machinery.
• Dismissing a Minister without the Chief Minister's recommendation is unprecedented, provocative, and threatens the stability of State governments and the federal system.
• The Governor's power to dismiss a Minister is dependent on the Chief Minister's advice, as the Chief Minister has the authority to choose and remove Ministers.
• Under the Government of India Act, 1935, the colonial Governor had absolute discretion, but in independent India, the Governor acts on the advice of the Council of Ministers.
• The Constitution grants no independent executive function to the Governor; the Chief Minister is responsible for selecting and recommending Minister removal.
• The pleasure doctrine in the Constitution refers to the formal act of dismissal by the Governor, done only on the Chief Minister's advice.
• The Supreme Court in a number of cases clarified that the President and Governor must exercise powers on the advice of Ministers.
• Dismissing a Minister without the Chief Minister's advice is constitutionally incorrect and undermines the constitutional system.

Context:

The article discusses the context of the dismissal of a Minister in Tamil Nadu by the Governor and examines the constitutional implications of this action. It highlights the concerns regarding the Governor's power to dismiss a Minister without the recommendation of the Chief Minister and emphasizes the potential consequences for the stability of State governments and the federal system

UPSC EXAM NOTES EDITORIAL ANALYSIS:

1. Unprecedented Act with Potential Consequences

• Governor R.N. Ravi's dismissal of Minister V. Senthil Balaji without Chief Minister's recommendation and subsequent backtracking is unprecedented.
• This act has the potential to set a dangerous precedent and destabilize State governments due to its provocative nature.
• The dismissal of a Minister in a government with an absolute majority raises concerns about the breakdown of the Constitutional machinery in the State.

2. Examining the Governor's Power to Dismiss

• Article 164 of the Constitution appoints the Chief Minister without advice but appoints individual Ministers only on the Chief Minister's advice.
• This implies that the Governor cannot appoint or dismiss a Minister at their own discretion.
• Historical context from the Government of India Act, 1935, indicates that colonial Governors had absolute discretion to hire and fire Ministers.

3. Role of Governor in Independent India

• In independent India, the Governor is a mere constitutional head and cannot act independently under the Constitution.
• The Governor's role is restricted to acting on the aid and advice of the Council of Ministers, led by the Chief Minister.
• R. Ambedkar clarified in the Constituent Assembly that the Governor has no executive function independent of the Chief Minister.

4. Distinction in Pleasure Doctrine

• The "pleasure of the Governor" in the Constitution is not the same as that of colonial Governors.
• Article 164 does not confer any discretion on the Governor to appoint or dismiss an individual Minister.
• The Constitution omits the words "chosen," "dismissal," and "discretion" present in the Government of India Act, 1935, making it clear that the Governor lacks such powers.

5. Judicial Clarification on Governor's Powers

• The Supreme Court of India, in various cases, clarified the role of the Governor in India's Constitutional setup.
• The Court affirmed that the Governor's formal constitutional powers must be exercised only on the advice of Ministers, except in exceptional situations.
• Discretionary powers of the Governor are limited to the postulates of Article 163(1), and exercising power under Article 164 is not unfettered.

6. Constitutional Implications and Stability

• Dismissing a Minister without the Chief Minister's advice is constitutionally wrong and can destabilize the State's constitutional system.
• The potential consequences of such actions should be considered seriously to maintain the integrity of the federal system and ensure the smooth functioning of State governments.