Kerala Governor presumes powers he has not

Kerala Governor Arif Mohammad Khan is inventing new issues for confrontation with the state government and making fantastic claims and statements which show him and his office in very poor light. In the process, he is going to absurd lengths. Early this week, the Governor issued a warning to the LDF government and its ministers which said that “statements of individual ministers that lower the dignity of the Governor’s office can invite action, including withdrawal of pleasure”. The Governor was hinting that he could dismiss ministers if he wished to. This is an outlandish view on the powers of Governors. Governor Arif Khan has made decisions of dubious merit and has been remiss in discharging his constitutional duties, such as giving assent to legislations passed by the state Assembly. But none of his previous statements match in ridiculousness the warning he has issued now.

Article 164 of the Constitution says that the ministers shall be appointed by the Governor on the Chief Minister’s advice and that they “shall hold office during the pleasure of the Governor”. This does not mean that the Governor has the independent power to withdraw pleasure and dismiss ministers. The power to dismiss the Chief Minister is itself circumscribed by conditions, and the Governor cannot exercise it at his pleasure. The pleasure doctrine has been discussed and defined with no doubt about its meaning. Court rulings have clearly laid it down. The power to drop a minister lies entirely with the Chief Minister and the Governor acts only on the Chief Minister’s advice. The Governor cannot allow a minister to continue in government against the Chief Minister’s advice and cannot dismiss a minister on his own. That is basic Constitution and the clear judicial position on Article 164. There is no other provision in the Constitution that gives such powers as Khan has presumed to the Governor, either.

The immediate reason for the Governor’s outburst seems to be the Kerala University Laws (Amendment) Bill. The Governor has not given his assent to the bill and has not returned it to the Assembly either. In that context Higher Education Minister R Bindu said that the Governor was trying to implement the RSS agenda. This certainly did not call for the retort of the kind that the Governor made. However provoked a Governor may be, he should not make such patently untenable and absurd statements as Khan has made. It is difficult to believe that he is so ignorant of the Constitution and did not know what he was talking about. If he was posturing, that invites ridicule, and if he meant what he said, that will have dangerous consequences.