[Answered] In light of a recent controversy in Tamil Nadu, discuss the constitutional provisions under Article 164 regarding the appointment and dismissal of Ministers. How does this incident reflect the role of the Governor in the context of these provisions?

Recently, the Governor of Tamil Nadu dismissed the Council of Ministers without the recommendation of the Chief Minister setting a dangerous precedent to destabilize state government and putting federal principles in jeopardy. Article 164 (1) of the 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 Chief Minister, and the Ministers shall hold office during the pleasure of the Governor”.

Role of the Governor in the context of these provisions:

• Appointment of Chief Minister: The Governor appoints the chief minister who is the leader of the majority party or coalition in state assembly.
• Constitutional role: In Shamsher Singh v. State of Punjab, SC ruled that save in a few well-known exceptional circumstances, a governor may only use formal constitutional powers “upon, and in accordance with, the aid and advice of their ministers.” The decision to invite a party to form the government is one of these exceptions, as are decisions to remove a government that has lost its majority. In both cases, the Council of Ministers’ assistance and advice is either unavailable or unreliable.
• Discretionary role: InNabam Rebia vs Deputy Speaker, SC held that the discretionary powers of the Governor are limited to the postulates of Article 163(1) which mandates that the power of the Governor primarily flows from the “aid and advice” of the Council of Ministers.
• Dismissal of minister: Governor does not have the power to directly dismiss the minister because they are appointed based on the recommendation of the CM. The decision as to who should be or who should not be a minister is a political one and is the sole prerogative of the chief minister.
• Dismissal of the Council of Ministers: If the Chief Minister loses the majority support in the state assembly or fails to prove their majority in a trust vote, the Governor can dismiss the entire Council of Ministers. The Governor usually acts on the advice of the Chief Minister, but in certain circumstances, they may use their discretionary powers to dismiss the Council of Ministers.

Conclusion:

• The dismissal of ministers directly by the Governor is a serious issue that raises serious issues regarding the Governor’s role in our constitutional system. There is an urgent need to address these concerns and the partisan role played by the governor by adhering to recommendations of the National Commission to Review the Working of the Constitution, Sarkaria Commission, and Punchhi Committee report.