Can a governor dismiss a minister?

GS Paper 2

 Syllabus: Issues & Challenges Pertaining to the Federal Structure

Source: TH

 Context: The Governor of Tamil Nadu (RN Ravi) has dismissed a Minister (V. Senthilbalaji) in the Council of Ministers of TN and later backtracked on his decision keeping the dismissal order in abeyance.

About the minister and his dismissal:

• The minister was facing serious criminal proceedings in a number of cases of corruption and was arrested by the ED earlier.
• He was dismissed on the pretext that he will adversely impact the due process of law, including a fair investigation that may eventually lead to the breakdown of the Constitutional machinery in the State.

Criticism of this unprecedented act of the governor:

• Dismissing a Minister of a government which enjoys an absolute majority in the State legislature, without the recommendation of the Chief Minister of the State, is going to set a dangerous precedent.
• It has the potential to destabilise State governments putting the federal and whole constitutional systems in danger.

Power of the Governor to dismiss a minister: 

The Government of India Act 1935: The appointment, summoning, determination of their salaries and the dismissal of Ministers shall be exercised by the Governor at his discretion.

What does the Indian Constitution say?

• According to Article 164 of the Constitution, the CM is appointed by the Governor (without any advice from anyone) and the individual Ministers are appointed by the Governor only on the advice of the CM.
• This implies that the Governor cannot appoint an individual Minister according to his discretion.
• So the Governor can dismiss a Minister only on the advice of the CM.

The reason is simple:

• The CM alone has the discretion to choose his Ministers. He also decides who will not remain as a Minister in his Council.
  • This is a political decision of the CM, who is ultimately answerable to the people.
• The Governor is a mere constitutional head and there is no executive function which a Governor can perform independently under the Constitution. (BR Ambedkar)
  • Article 163: A Council of Ministers (led by the CM) shall assist and advise the Governor in the discharge of his duties, except when the Governor is compelled to exercise his discretion under this Constitution.
• The pleasure doctrine is a formal act: This has been brought into the Constitution of India from the Government of India Act 1935.
  • But these words simply refer to issuing the order of dismissal (by the Governor), but only on the advice of the CM.

Judicial clarification:

• In Shamsher Singh vs State Of Punjab (1974), the SC declared the President and Governor as the custodians of all executive powers, who exercise these powers in accordance with the advice of their Ministers (except in exceptional situations).
• In Nabam Rebia vs Deputy Speaker (2017), the SC reaffirmed the law laid down in Shamsher Singh and the discretionary powers of the Governor are limited to the postulates of Article 163(1).
  • The Court also set aside the decisions in the Mahabir Prasad Sharma (1968) and Pratapsing Raojirao Rane (1999) cases, where it was held that the Governor can exercise power under Article 164 in an unfettered manner.

Conclusion: In sum, the dismissal of a Minister of the TN Government by the Governor of the State without the advice of the Chief Minister is constitutionally wrong.

Insta Links:

Governor-Chief Minister confrontation

Mains Links:

From the resolution of contentious issues regarding the distribution of legislative powers by the courts, the ‘Principle of Federal Supremacy’ and ‘Harmonious Construction’ have emerged. Explain. (UPSC 2019)

Prelims Links: (UPSC 2014)