Governor Vs State Govt: An Old Tussle Of Power
In an unprecedented step, the Tamil Nadu Governor RN Ravi dismissed state Minister V. Senthil Balaji on the evening of 29 June from the Council of Ministers over "serious criminal proceedings" in a number of corruption cases. The incident once again brought the tussle between the Governors and the elected representatives of the state, including the council of ministers and the CM.
On 14 June, the Enforcement Directorate (ED) detained Senthil Balaji in connection with alleged money laundering case. Tamil Nadu CM MK Stalin on Friday wrote to the Governor RN Ravi over the dismissal of the minister and said that the Governor has no power to dismiss the minister without aid and advice of Council of Ministers and he also questioned the role and need of governor in states.
Role of Governor in States
The constitution of India allows a parliamentary form of government in the states as in the Centre and the Governor has been made only a nominal executive. The real executive is the council of ministers headed by the chief ministers.
The governor has constitutional discretion in various cases such as reservation of a bill for the consideration of the President, recommendation for the imposition of the President's rule in the state, seeking information from the Chief Minister with regard to the administrative and legislative matters of the state.
Further, Governor also has situational discretion like President in various cases which is important for smooth functioning of state- Appointment of Chief Minister when no party has a clear-cut majority in the state legislative assembly, dismissal of the council of ministers when it cannot prove the confidence of the state legislative assembly and dissolution of the state legislative assembly if the Council of ministers has lost its majority.
Dismissal of Minister in Tamil Nadu and Constitutional provision
Article 164 of the Indian Constitution states 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 CM, and the ministers shall hold office during the pleasure of the Governor. Tamil Nadu CM in the letter to Governor argued that he has acted in haste with "scant regard to the Constitution". And he has no power to dismiss his Minister as this is the sole prerogative of an elected CM. Later in a press statement on Friday, the Raj Bhawan had stated that "the Minister is facing serious criminal proceedings in a number of corruption cases. Under these circumstances Governor has dismissed him from the Council of Ministers with immediate effect."
Constitutional Assembly debate on Governor's Post
In one of his well-known addresses to the Constituent Assembly on 2 June, 1949, BR Ambedkar stated that "the Governor under the Constitution has no functions which he can discharge by himself" and that he only has "certain duties to perform." However, not even Ambedkar provided a convincing justification for the validity of the rules allowing the Governor to use his discretion during the debates. A lot of difficult legal and political concerns have always been present in this sector.
Supreme Court's Judgement on role of Governor
SR Bommai v/s Union of India - The verdict concluded that the President's authority to oust a state government is not absolute. The ruling stated that the president should only utilise his authority when both houses of parliament have given their consent to his proclamation.
Rameshwar Prasad Case, 2006 -The Supreme Court on the legality of the President's Rule declaration and the dissolution of the Bihar Assembly in 2005. The SC ruled that the Governor could not make a decision solely on his opinions.
