THIRUVANANTHAPURAM: Governor Arif Mohammed Khan’s tweet implying that he could sack ministers has stirred up a real hornets nest with political parties, sans BJP, launching a scathing attack on his “ignorance of the constitution and parliamentary democracy”. Constitutional and legal experts are of the opinion that the governor has overstepped the authority the constitution has vested on him.
Former Lok Sabha secretary general P D T Achary pointed out that a minister is appointed on the advice of the chief minister. “The governor cannot make the appointment on his own. He has to depend on the advice of the chief minister. So how can he remove the minister without the CM’s advice?,” he said. In his tweet, the governor had warned of action, including “withdrawal of pleasure”.
Khan was referring to Article 164 (1) of the constitution which says “the ministers shall hold office during the pleasure of the governor”. Former Supreme Court judge Justice K T Thomas explained the significance of the word “pleasure” in Article 164 (1) . “Once the governor exercises the pleasure on the basis of an advice given, then he cannot withdraw that pleasure without another advice,” he said.
Former High Court judge Justice Kemal Pasha said the governor’s discretionary power is limited. “A mere criticism by a minister, like the governor is acting at the directions of the RSS, doesn’t call for any drastic step,” he said.