The tweet from the Kerala Governor’s office is both interesting and dangerous at the same time. According to the tweet, action will be taken against the ministers who make statements in a way that undermines the dignity of the Governor’s office. There is also an explanation on Twitter that the governor’s consent- (pleasure is the expression in the tweet and in the constitution) for such ministers will be withdrawn. In Article 164 of the Constitution, it is said that the Ministers continue in office until the pleasure of the Governor. After reading this article verbatim, we have to assume that the tweet is an indication that the governor can dismiss the ministers if he feels like it.
First of all, it cannot be assumed that this tweet is due to such a misunderstanding. Neither the Governor of Kerala nor those who advise him may think that Governors have the power to unilaterally dismiss ministers. This has never happened in the history of India. The consent of the governors is actually defined in the constitution as the consent of the people. Why does the Raj Bhavan come up with such new and strange arguments every now and then despite this being universally accepted? What is the answer to this question– The agenda of Indian communal fascism is to destroy the faith of the people in democracy itself by destroying the credibility of the Constitution and constitutional institutions, creating unnecessary obstacles in the functioning of the government. Thus, when people lose faith in democracy, neo-fascists can consolidate power. The Fascist regime at the Center is using the offices of the Governor to further the same political agenda through Electoral Bonds and paid defections. That is why the governors of Punjab, West Bengal, Tamil Nadu and Kerala are exhibiting nearly the same pattern of defects. Let the pure souls think that this is only a matter for a legal doctrine.
Before the present constitution, in the draft prepared by the constitutional advisers, the provision was that the governor himself should appoint the ministers in section 126. Section 144(6), which came later, provided that the appointment and dismissal of ministers could be done at the discretion of the Governor. However, when Article 164 of the present Constitution was written, the Governor’s discretionary power in the matter of appointment and dismissal was completely taken away. In Shamser Singh’s case, the Constitution Bench of the Supreme Court has indicated this. (Eighteenth paragraph of the judgment) Dr. said that the expression in Article 164 “During the pleasure” only means the consent of the majority of the church. BR Ambedkar made it clear. That means the Governor can withdraw ‘pleasure’ only if the cabinet does not get a majority in the House. Dr. Subhash Kashyap makes this clear while explaining the genesis of Article 164. (Constitutional Law of India. Vol. 2. Page 1249. Universal –-2015).
So I don’t think the Raj Bhavan is trying to read and apply Article 164 with childish innocence. One last thing. Both the ruling party and the opposition should oppose such interventions by the governor. Everyone should understand the method and purpose of this new trend taking place in Kerala, Tamil Nadu, West Bengal and Punjab. A kind of ‘credibility-breaking’ initiative against the Indian Constitution, constitutional democracy and democratic institutions is taking place in the country based on the influence of some invisible centers. We should be able to juxtapose such tweets with the Governor’s recent controversial visit to the RSS chief. Therefore, opposition in Kerala should also understand the danger of such tweets and act. Ultimately it is the people’s need that the constitution and democracy survive. Communal fascism in India wants it not to exist. That is why it is said that there should be public vigilance beyond party politics in such cases.
(The writer is a lawyer in the Supreme Court)
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