The pleasure doctrine is derived from English common law. This concept allows the crown to terminate the services of anyone it employs at any time. Applying this rule in India, Article 310 of the Indian Constitution states that everyone serving in the defense or civil service of the Union holds their position depending on the pleasure of the President. Similarly, any member of the civil service in the States remains in office according to the Governor’s pleasure.
However, Article 311 imposes certain limitations on the dismissal of a civil servant. It mandates a reasonable hearing opportunity for civil servants on the charges they face. There are provisions to skip the inquiry if it is impractical to conduct one or against national security interests.
Appointment and Removal of Ministers: The Role of Governors and Chief Ministers
According to Article 164, the Governor appoints the Chief Minister (CM), and upon the CM’s advice, other Ministers. These Ministers, then, remain in office during the Governor’s pleasure. The ‘pleasure’ here also refers to the CM’s right to dismiss a Minister and not the Governor’s. Hence, the Governor of an Indian State can’t remove a Minister independently.
Supreme Court’s Interpretation of Pleasure Doctrine and Governor’s Powers
In a landmark judgment in Shamsher Singh & Anr vs State Of Punjab (1974), a seven-judge Constitution Bench of the Supreme Court highlighted that the President and Governor exercise their formal constitutional powers based on their Ministers’ advice except in exceptional circumstances.
In a later case of Nabam Rebia And Etc. vs Deputy Speaker And Ors (2016), the Supreme Court cited B. R. Ambedkar’s observations, emphasizing that the Governor has no function to discharge independently. He must perform certain duties, and this distinction must be kept in mind.
Governors and Constitutional Provisions: An Examination
According to Article 153, every state must have a Governor, and one person can serve as the Governor for two or more States. The President appoints the Governor, who is a nominee of the Central Government. The Governor must meet certain eligibility requirements specified in Articles 157 and 158. Besides this, Governors have other powers granted under Articles 161, 163, 164, 200, and 213.
Friction Points in Governor-State Relations: A Look at Constitutional Provisions
The Governor, conceptualized as an apolitical head, must act on the council of ministers’ advice. However, specific discretionary powers are granted to the Governor under the Constitution. For instance, giving or withholding assent to a Bill passed by the state legislature, determining the time a party has to prove its majority, or deciding which party should be called first to do so, especially after a hung verdict in an election.
Addressing Concerns about the Alleged Partisan Role Played by Governors: Recommendations and Proposals
Several recommendations and changes regarding the selection of Governors have been proposed over the years. The National Commission to Review the Working of the Constitution appointed by the Atal Bihari Vajpayee government in 2000 suggested that the President, after consultation with the Chief Minister of the state, should appoint the Governor of a State.
Furthermore, the Sarkaria Commission in 1983 proposed that the Prime Minister consults the Vice President of India and Speaker of Lok Sabha in selecting Governors. In contrast, the Justice Madan Mohan Punchhi Committee in 2007 recommended a committee comprising the Prime Minister, Home Minister, Vice President, Speaker, and the concerned Chief Minister should choose the Governor.
The Way Forward
Governors should refrain from stalling legislation they find unpalatable by using their powers. The principle recommended by the M.M. Punchhi Commission should be implemented, suggesting that Governors should not be burdened with the role of Chancellors. They are expected to defend the Constitution and may use their powers to caution elected regimes against violating it. However, this doesn’t mean they can use the decision-making time-frame’s absence and the discretionary space given to them to function as a parallel power centre.
