Whose pleasure? – Another Episode of Tussle Between the Governor and Chief Minister | 19th October 2022 | UPSC Daily Editorial Analysis

What's the article about?

• It talks about another episode of tussle between the Governor and Chief Minister (CM).

Relevance:

• GS2: Structure, Organization and Functioning of the Executive; Prelims: Governor

What's the crux of the article?

• Governor of Kerala threatened the ministers that he will independently (without aid & advice of CM) withdrew his pleasure (ie remove them)
• He said that their public statements lowered the dignity of the Governor’s office.
  Reason of this tussle => Governor’s reluctance to grant assent to the Kerala University Laws (Amendment) Bill, 2022

Analysis:

• Article 164:
  • 164(1)- The CMr shall be appointed by Governor and other Ministers shall be appointed by Governor on advice of Chief Minister, and Ministers shall hold office during the pleasure of the Governor.
  • Now this article does not mean that the Governor can remove any minister at his wish. Word pleasure means pleasure of the CM who enjoys majority in the assembly house.
  • Thus threats given by the Governor of Kerala are so far unconstitutional.

• Chancellors of Universities:
  • Due to colonial legacy the Governor is appointed as Chancellors of all state universities.
  • Then Governor vice chancellors.
  • The above mentioned bill of Kerala alters the composition of the search-cum-selection committee to appoint Vice Chancellors and effectively provide the State government greater leverage in the process.
  • Now the State Legislature is competent to change this by amending their respective universities laws.
  • In the past M.M. Punchhi Commission recommended the Governors should be relieved from the role of Chancellors.

Way Forward:

• The Constitution does not provide any time limit within which the governor acts on the bill. The governors sometimes sat over the Bills without giving assent or returning the Bills for an indefinite period, even though the Constitution required it to be done as soon as possible.
• This erodes the authority of the legislatures which represent the people. Thus this needs to be addressed by providing a time-frame for decision-making mechanisms.
• Governors should also be relieved from the role of Chancellors.