Governor does not have power to remove ministers, only CM has: Pinarayi Vijayan
Thiruvananthapuram ((PTI): The Governor of a state does not have the power to remove ministers of an elected government and only the Chief Minister has that authority, Pinarayi Vijayan said on Tuesday.
The Kerala CM was responding to queries at a press conference regarding Governor Arif Mohammed Khan's warning to LDF ministers that they could be removed from office if they make statements that lower the dignity of the Raj Bhavan.
On being asked why he thinks Khan was giving such forewarnings periodically, Vijayan said, "What I have to say to that is that one should not become a joke before the general public."
Vijayan said a stand that no one should criticise anyone is not an acceptable position in our society as our Constitution gives us the freedom for criticism and expression of opinion.
He further said the Constitution as well as court rulings have clearly defined what are the powers of a Governor in a federal system and what are the positions, duties and responsibilities of the elected cabinet.
"Even Dr B R Ambedkar said that the discretionary powers of the Governor were 'very narrow'," Vijayan remarked.
He said that a leader of the party or front which has a majority is appointed as CM and he in turn appoints the ministers of his cabinet and the latter give their resignations to the former who in turn hands it over to the Governor.
The Governor takes decisions on the advice of the Chief Minister according to Constitutional provisions and practices followed in our country and if anyone says they will act contrary to the Constitution, "then it cannot be justified and will not be justified", Vijayan said.
Khan's 'warning' was the latest development vis-a-vis the ongoing tussle between the ruling LDF in Kerala and the Raj Bhavan over various issues.
The ruling CPI(M) and the Congress-led opposition UDF hit out at Khan saying he has no power under the Constitution to remove ministers and that his warning showed his ignorance of the Constitution and Parliamentary democracy.
Kerala Advocate General K Gopalakrishna Kurup had said, "Provisions of the Constitution do not visualise any such power on the part of the Governor.".
The Governor and the ruling Left front have been at loggerheads for some time over him giving his approval to certain legislations, like the Lok Ayukta and University Laws Amendment Bills, passed by the Kerala Assembly and appointments to the universities in the state.
Several Left ministers have been saying that the Governor is bound to act in accordance with the aid and advice of the Council of Ministers and he cannot hold on to the bills indefinitely without signing or sending them back.
Some Left leaders and ministers had alleged that Khan was creating a constitutional crisis in the state at the behest of the BJP and RSS and was trying to implement the policies of the latter in Kerala.
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Speaker Khader dismisses BJP's charges of 'delay' in swearing-in of Jeevaraj as MLA
Bengaluru (PTI): Karnataka Assembly Speaker U T Khader on Wednesday rejected opposition BJP's allegations of delaying the swearing-in of D N Jeevaraj as MLA, asserting that the process was being handled strictly in accordance with constitutional provisions and rules.
BJP candidate Jeevaraj, who had lost the 2023 Sringeri Assembly election to Congress leader T D Raje Gowda, was declared elected late Sunday night after reverification and recounting of postal ballots in compliance with a High Court order.
The recount reduced 255 votes from Gowda's tally, overturning his earlier victory margin of 201 votes and reversing the result.
The recount followed an election petition filed by Jeevaraj.
Addressing reporters, Khader maintained that there was no delay in administering the oath to Jeevaraj, who was declared elected from the Sringeri Assembly constituency after a High Court-ordered recount of postal ballots.
“Where have we delayed? The application was submitted at 11 am. If an application is given in the morning and by evening someone says it’s delayed — how is that a delay?” he said, dismissing the allegations.
The Speaker said the matter involved 'technical issues' that required examination before fixing a date for oath-taking.
“When such a matter comes, we also need to examine it and take a decision as per rules. If an application is given in the morning, at least 24 hours must be given,” he said.
Khader stressed that his role was bound by the Constitution and not influenced by political considerations.
“When an elected MLA asks for time, we must give it under the Constitution and law. Can we refuse? No, we have to give it,” he said, rejecting suggestions that he was acting under party pressure.
He also underlined the need for trust in democratic institutions amid the controversy.
“A democracy and parliamentary system must function on trust. Without that, how can democracy be strengthened? Trust is essential,” he said, cautioning against creating suspicion around constitutional positions.
On claims that the delay was linked to the ongoing political and legal dispute over the recount, Khader said the issue did not fall within his purview.
“My responsibility is to act as per the Constitution and rules. I will ensure that whatever is due to them is done as soon as possible,” the Speaker explained.
He said he had already communicated his position when contacted and would formally inform the concerned parties. “There is no delay, nor any intention to delay. I will discharge my duties as per the Constitution,” he said.
Khader also pointed to possible legal complications in hastily administering the oath.
“If I give the oath to one person and tomorrow the court declares someone else the winner, what happens then? Will it automatically cancel? Will confusion arise?” he asked, indicating the need for due diligence.
On concerns that Jeevaraj had lost over two years of tenure, the Speaker said representation was linked to that constituency rather than an individual.
“Whoever becomes the MLA represents the constituency. Benefits are not given to an individual,” he said, adding that issues of alleged irregularities should be examined by the Election Commission.
The remarks come after the Leader of Opposition BJP in the Karnataka Assembly, R Ashoka on Wednesday accused the Speaker of 'deliberately' delaying the oath and approached Governor Thaawarchand Gehlot seeking intervention, even suggesting that the Governor administer the oath if required.
Chief Minister Siddaramaiah termed the process 'Vote Dacoity' by Jeevaraj and said an FIR has been registered against the newly elected Sringeri MLA.
Defending the recount process, Jeevaraj denied allegations of tampering, while the High Court has stayed an FIR filed against him in connection with the postal ballot issue.
