Context: Recently, the Kerala Governor warned ministers of removal who tried to lower the dignity of his office.

• Kerela’s governor appeared to have threatened to sack the minister who “lower the dignity” of his office. It has invited many interpretations.

• The Constitution does not give the Governor “dictatorial powers” to remove the ministers.

• There has been no occasion so far of a Governor unilaterally removing a minister from the government. 

Major Issues

• Governor’s allegedly refused to give assent to University Laws (Amendment) Bill, 2022, which was passed by the Assembly this year. 

• The Bill had given an upper hand to the state government in the selection of vice-chancellors of the universities in Kerala. 

• The Governor should return the Bill for reconsideration instead of withholding his approval indefinitely. 

Governor and the parliamentary system

• Constitutional Position: Article 153-161 prescribes the position; role; powers, and conditions of his office. Governor’s position is somewhat similar to that of the President at the union.

• Apolitical position: Although the constitution envisaged it to be an apolitical position the role of governors has been a contentious issue in center-state relations for decades.

Minister holding office during the pleasure of the governor

• Article 164 (1): Governor doesn’t have to seek advice while appointing the CM, but it can only appoint a minister only on a recommendation of the CM.

• Shamsher Singh $ Anr vs State of Punjab (SC-1974): The Governors shall exercise their powers only in accordance with the advice of their ministers except in well-known exceptional situations.

• Nabam Rebia And Etc. vs Deputy Speaker Ans Ors (SC-2016): Governor under the constitution has no function that it can discharge by itself.

Attempts made to address the partisan role of the Governor

• National Commission to review the working of the constitution (2000): Normally the appointment, removal, and transfer of the governor should be done after consultation with the state CM.

• Sarkaria Commission (1983): It purposed that the vice-president and speaker of the Lok Sabha should be consulted by the PM in the selection of the Governors.

• M M Punchi Committee (2007): It recommended that a committee comprising of the PM, Home Minister, Vice-President, Speaker, and concerned CM should choose the Governor. It also recommended ‘impeachment of Governor by state legislature’ for deletion of the  “Doctrine of pleasure”.