No Governor can dismiss an individual Minister from a State Cabinet unless recommended by the Chief Minister, said P.D.T. Achary, former Secretary General of Lok Sabha, on Monday.
Responding to the controversial tweet of Governor Arif Mohammed Khan, Mr. Achary said though the Governor is the appointing authority of the Chief Minister, he cannot appoint any person of his choice as a State Minister. A State Minister can be appointed only on the recommendation of the Chief Minister and if a Minister has to be removed from the post, it can only be on the advice of the Chief Minister, he said.
Incidentally, responding to the criticism by some of the Cabinet Ministers, the Governor had tweeted that the “statements of individual Ministers that lower the dignity of the office of the Governor, can invite action including withdrawal of pleasure.”
Article 164(1)
According to Mr. Achary, Article 164(1) of the Constitution says 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 at the pleasure of the Governor.
The Supreme Court had on many occasions held that a government that enjoys a majority in the House cannot be dismissed by the Governor. Thus, if the government enjoys a majority in the House, the Governor cannot say that he withdraws his pleasure.
The Governor’s pleasure continues in the Constitutional sense as long as the government enjoys a majority in the House. Thus, the pleasure of the Governor is co-terminus with the majority in the House, he explained.
