Tussle in Kerala: Can Governor Khan dismiss a state minister?

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

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”.