The Governor’s powers in dismissing a Minister have come into the limelight due to a recent incident in Tamil Nadu. An ongoing constitutional controversy has been sparked by the Governor’s decision to dismiss and suspend a Minister, only to subsequently reverse this decision and suspend the dismissal order. This article will explore the Governor’s powers to dismiss Ministers, the historical background to these powers, constitutional limitations placed on them, and the accompanying concerns.
Provisions for Dismissal Under Article 164
As per Article 164 of India’s Constitution, the Governor appoints the Chief Minister independently and appoints other individual Ministers at the advice of the Chief Minister. Therefore, the Governor can dismiss a Minister only upon the advice of the Chief Minister, suggesting a lack of individual discretion to operate independently.
Historical Context: Reference to the Government of India Act, 1935
Section 51(1) and 51(5) of the colonial era Government of India Act, 1935 initially granted the Governor complete discretion to select and dismiss Ministers. However, Post-Independence, the Governor’s role transformed from an absolute one to that of a constitutional head, acting solely on the aid and advice of the Council of Ministers headed by the Chief Minister.
Constitutional Limitations on Governor’s Discretion
The power to choose or dismiss a Minister lies primarily with the elected Chief Minister, as a representation of the people’s will. B.R. Ambedkar asserted during the Constituent Assembly debates that the inclusion of “pleasure of the Governor” in Article 164 refers strictly to formally issuing dismissal orders upon the advice of the Chief Minister, hence negating any independent executive functions.
Judicial Clarification on Governors Powers
In the Shamsher Singh vs State Of Punjab case (1974), the Supreme Court ruled that the President and Governor must exercise their constitutional powers with the aid and advice of their Ministers, barring a few exceptional scenarios. Similarly, in Nabam Rebia vs Deputy Speaker (2015), the court reinforced this principle, adding that Governors cannot bring down elected governments. Their discretionary powers are confined to the provisions of Article 163(1).
Concerns Surrounding Ministerial Dismissal
The act of dismissing a Minister is primarily seen as a moral judgement rather than a legal requirement. A Governor’s decision taken without the recommendation of the Chief Minister is considered a constitutional misadventure. Such unprecedented actions can potentially destabilize state governments, threatening to jeopardize the federal system. If Governors are permitted to dismiss Ministers without the Chief Minister’s knowledge and consent, it could lead to a collapse of the entire constitutional system.
Conclusion and Recommendations
Clear guidelines should be established for the exercise of powers by the Governor within a democratic parliamentary system like India’s. The authority of the Parliament must be respected akin to the democratically elected State Legislature. This balance is essential to uphold the sanctity of the democratic process and ensure stability within the country’s governance structure.
Questions from previous UPSC civil service examinations were also provided as an add-on for understanding how these concepts may be addressed in such examinations.
Sources: TH
