Dismissal of a State Minister

Dismissal of Minister/or Cabinet

• Constitutional Provisions:
  • Article 164(1) provides that 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.
  • Though Ministers hold office during the pleasure of governor, but governor is bound to exercise his pleasure in accordance with the Chief Minister’s advice. Thus, it is a power of the Chief Minister against his colleagues.
• Shamsher Singh & Anr vs State Of Punjab (1974): A seven-judge Constitution Bench of the Supreme Court held that the President and the Governor should exercise their formal constitutional powers only upon and in accordance with the advice of their Ministers save in a few well known exceptional situations.
• Nabam Rebia and Etc. vs Deputy Speaker and Ors (2016): The Supreme Court cited the observations of Dr. B R Ambedkar: “The Governor under the Constitution has no function which he can discharge by himself; no functions at all. While he has no functions, he has certain duties to perform, and I think the House will do well to bear in mind this distinction.”

Dismissal of Minister: “Pleasure” of the Governor

• The Governor can have his pleasure as long as the government enjoys majority in the House.
• The Governor can withdraw his pleasure only when the government loses majority but refuses to quit. Then he withdraws the pleasure and dismisses it.

What attempts have been made to address concerns over the alleged partisan role played by Governors?

• The Sarkaria Commission, 1983: It proposed that the Vice President of India and Speaker of Lok Sabha should be consulted by the Prime Minister in the selection of Governors.
• The National Commission to Review the Working of the Constitution, 2000: The Commission suggested that the “Governor of a State should be appointed by the President, after consultation with the Chief Minister of that State.
• The Justice Madan Mohan Punchhi Committee, 2007:
  • It recommended that that a committee comprising the Prime Minister, Home Minister, Vice President, Speaker, and the concerned Chief Minister should choose the Governor.
  • The Punchhi Committee recommended deleting the “Doctrine of Pleasure” from the Constitution, but backed the right of the Governor to sanction the prosecution of ministers against the advice of the state government.
  • It also argued for a provision for impeachment of the Governor by the state legislature.

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