The standoff between Kerala Governor Arif Mohammed Khan and the state government hit a fever pitch on Wednesday, 26 October, as the former shot a letter to Chief Minister Pinarayi Vijayan, seeking action against state Finance Minister KN Balagopal, according to ANI.
The governor, in the letter, said that Balagopal "ceased to enjoy my pleasure," indicating that he wanted the minister sacked.
Citing media reports of the finance minister's speech at a university campus on 19 October, Khan said in the letter that Balagopal sought to "stoke the fire of regionalism and provincialism" and undermine the unity of India.
"Reported statements of Kerala FM KN Balagopal are in violation of the oath I had administered to him. A minister who deliberately violates the oath and undermines the unity and integrity of India can't continue to enjoy my pleasure...I hope that you consider the matter with the seriousness it deserves, and take action which is constitutionally appropriate."Kerala Governor Arif Mohammed Khan, in a letter to CM Pinarayi Vijayan, as per ANI
According to The Indian Express, the governor further said, "Although there are others like the Higher Education Minister and Law Minister who are indulging in attacks on me, I wish to ignore them as they hurt me personally. But if I do not take cognisance of the seditious remarks of Balagopal, it would be a grave omission of duty on my part. I had appointed KN Balagopal on your recommendation as a minister."
However, the chief minister, in his reply to Khan, rejected his demand.
What Did Balagopal Say in His Speech?
The finance minister, on 19 October, said that people who were accustomed to the practices of universities in Uttar Pradesh might find it difficult to understand how universities in Kerala work, in an apparent dig at the governor.
"Kerala's universities democratically discuss academics and bring in change. It might be difficult for someone from other parts of the country to understand the democracy that prevails in the functioning of Kerala's varsities," he had said.
What Is 'Withdrawal of Pleasure'?
Earlier, on 17 October, Khan said that cabinet ministers, whose statements "lower the dignity of the office of the governor can invite action, including the withdrawal of pleasure." The threat was, reportedly, in response to Kerala Higher Education Minister R Bindu's remark that the governor was acting as per the Rashtriya Swayamsevak Sangh's (RSS) agenda.
"The CM and council of ministers have every right to advise governor. But statements of individual ministers that lower the dignity of the office of the governor can invite action including withdrawal of pleasure," Khan had said.
But what is "withdrawal of pleasure"?
According to Article 164 of the Indian Constitution, "The chief minister shall be appointed by the governor and the other ministers shall be appointed by the governor on the advice of the chief minister, and the ministers shall hold office during the pleasure of the governor." This is the "pleasure" the governor claims he can technically "withdraw."
In other words, Arif Mohammed was indicating that he could strip cabinet ministers of their posts if he wanted to.
Can the Governor Sack Ministers?
PDT Achary, former secretary general of Lok Sabha, said on 17 October that the governor can't dismiss an individual minister from a state cabinet unless recommended by the chief minister.
He had said:
"Pleasure does not mean the governor can remove or appoint a minister on his own. The governor is intended to go by the advice of the CM. Pleasure is only a technical term and it does not mean he can fire any minister without the permission of the CM."
Further, Supreme Court advocate, Mukund P Unny, said in tweet that the "pleasure" mentioned in Article 164(1) was the confidence of the House. "Governor's discretionary powers are very narrow; and there is no power to dismiss a minister merely because he does not enjoy the pleasure of the governor," he added.
The governor's tussle with the state government escalated early this week as he demanded that Vice Chancellors (VC) of nine universities in Kerala tender their resignation, citing a Supreme Court verdict. The government, however, urged the VCs not to resign, and they were later served a show cause notice by the Raj Bhavan.
(With inputs from ANI, The Indian Express.)
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