DMK wants Tamil Nadu Governor gone: What does the law say on how a Governor can be sacked?

Source: The post is based on the article “DMK wants Tamil Nadu Governor gone: What does the law say on how a Governor can be sacked?” published in Indian Express on 6th November 2022. 

What is the News?

DMK leader has urged all like-minded MPs to support a proposal to be sent to the President of India to remove the Tamil Nadu governor.

How is the Governor appointed and removed?

Under Articles 155 and 156 of the Constitution, a Governor is appointed by the President and holds office during the pleasure of the President.

If this pleasure is withdrawn before the completion of the five-year term, the Governor has to step down.

Note: There is no provision for impeaching the Governor.

What are the Governor’s powers?

Article 163 of the Constitution says the Governor will normally be aided and advised by the Council of Ministers except in those functions which require his discretion.

Hence, the Governor is envisaged as an apolitical head who must act on the advice of the council of ministers.

However, the governor enjoys certain powers granted under the Constitution such as 1) giving or withholding assent to a Bill passed by the state legislature, 2) assenting to the convening of the state legislative assembly, 3) determining the time needed for a party to prove its majority, and 4) which party must be called first do so, generally after a hung verdict in an election.

What happens in case of disagreements between the Governor and the State Government?

There are no provisions laid down in the Constitution for the manner in which the Governor and the state must engage publicly when there is a difference of opinion. 

The management of differences has traditionally been guided by respect for each other’s boundaries.

What have the court’s said to the Governor?

Surya Narain Choudhary vs Union of India(1981): Rajasthan High Court held that the pleasure of the President was not justiciable, the Governor had no security of tenure and can be removed at any time by the President withdrawing pleasure.

BP Singhal vs Union of India (2010): The Supreme Court elaborated on the pleasure doctrine. The court held that the President can remove the Governor from office at any time without assigning any reason and without giving any opportunity to show cause.

– However, the power to remove can’t be exercised in an arbitrary, capricious or unreasonable manner.

– For instance, the Governor cannot be removed on the ground that he is out of sync with the policies and ideologies of the Union Government or the party in power at the Centre.

– Hence, the court held that it will presume that the President had “compelling and valid” reasons for the removal but if a sacked Governor comes to the court, the Centre will have to justify its decision.

What various commissions have said about Governors?

The Sarkaria Commission had recommended that Governors are not sacked before completing their five-year tenure, except in “rare and compelling” circumstances. 

Recommendations have also been made for a provision to impeach the Governor by the Assembly. However, none of these have been implemented.