Describe the role of the Governor in the appointment and dismissal of Ministers in India, and provide an example of a situation where the Governor faced the decision of whether to reinstate a former Minister into the Cabinet. Explain the constitutional provisions and past precedents that were considered in making this decision.
Introduction:
The role of the Governor in the appointment and dismissal of Ministers in India is an important aspect of the Constitution and is intended to ensure a balance of power between the executive and legislative branches of government. In this article, we will discuss the powers and responsibilities of the Governor in relation to the appointment and dismissal of Ministers and provide an example of a situation where the Governor faced the decision of whether to reinstate a former Minister into the Cabinet.
Powers and Responsibilities of the Governor:
⮚ The Governor is responsible for appointing the Chief Minister and other Ministers on the advice of the Chief Minister (Article 164).
⮚ The Governor also has the power to dismiss Ministers if they lose the confidence of the legislature or engage in misconduct, a power known as the "pleasure doctrine" (Article 164).
⮚ The Governor is required to administer the oaths of office and secrecy to a Minister before they assume office (Article 164(3)).
Examples :
⮚ Saji Cherian was a minister in Kerala in 2022, India who was forced to resign due to controversial comments but was later reinstated by his party. The Governor of the state sought legal advice before administering the oath to Cherian, but ultimately agreed to swear him in, allowing him to be reinstated as minister.
⮚ In Maharashtra in 2020, the Governor faced the decision of whether to reinstate former Deputy Chief Minister Ajit Pawar after he was involved in a corruption scandal.
⮚ In Tamil Nadu in 2017, the Governor faced the decision of whether to reinstate former Chief Minister O. Panneerselvam after he was removed from office by the ruling party.
Considerations in Making the Decision:
⮚ Constitutional provisions outlined in Article 164 of the Constitution, which requires the Governor to appoint the Chief Minister and other Ministers on the advice of the Chief Minister and allows the Governor to dismiss Ministers at their pleasure.
⮚ The requirement under Article 164(3) to administer the oaths of office and secrecy to a Minister before they assume office.
⮚ Past precedents, such as the decision in the Madras Province after the 1952 elections where the Governor nominated C. Rajagopalachari (also known as Rajaji) as an MLC and administered the oath of office to him without convening the legislative council. This decision was challenged in a writ petition, but the petition was dismissed.
Conclusion:
The Governor plays an important role in the appointment and dismissal of Ministers in India and has the authority to administer the oaths of office and secrecy to ensure that the qualifications for holding the position of Minister are met. The pleasure doctrine also allows the Governor to dismiss Ministers if they lose the confidence of the legislature or engage in misconduct. In the case of Saji Cherian, the Governor considered the constitutional provisions and past precedents in making the decision to reinstate Cherian as Minister.
