Kerala Governor Arif Mohammed Khan has written to Chief Minister Pinarayi Vijayan that state Finance Minister KN Balagopal has ceased to enjoy his “pleasure”. He asked him (the CM) to “consider the matter with the seriousness it deserves and take action which is constitutionally appropriate”.
The Governor, in the letter, said that Balagopal “ceased to enjoy my pleasure,” indicating that he wanted the minister sacked.
Citing media reports of the Balagopal’s speech at a university campus on 19 October, Khan wrote that he (Balagopal ) sought to “stoke the fire of regionalism and provincialism” and undermine the unity of India.
“If such remarks are allowed to go unchecked, they may have an “erosive and baneful influence on our national unity and integrity,” he said.
“Reported statements of Kerala FM KN Balagopal are in violation of the oath I had administered to him. A minister who deliberately violates the oath and undermines the unity and integrity of India can’t continue to enjoy my pleasure…I hope that you consider the matter with the seriousness it deserves, and take action which is constitutionally appropriate,” the Goverrnor said in the letter.
“Although there are others like the Higher Education Minister and Law Minister who are indulging in attacks on me, I wish to ignore them as they hurt me personally. But if I do not take cognisance of the seditious remarks of Balagopal, it would be a grave omission of duty on my part. I had appointed KN Balagopal on your recommendation as a minister,” Governor further said in the letter.
“The remarks of Balagopal seek to create a wedge between Kerala and other states of the Indian Union and project a false impression as if different states of India have different systems of higher education,” the Governor said in the letter.
However, chief minister Pinarayi Vijayan has strongly defended his cabinet colleague saying there is no basis for his allegations. In a reply to the Governor’s letter on Wednesday, the CM expressed his trust and confidence in the finance minister.
“Viewed from a Constitutional perspective, factoring in the democratic conventions and traditions of our country, the statement cannot warrant a ground for cessation of enjoyment of the Governor’s pleasure,” the chief minister wrote in reply to the Governor.
“My trust and confidence in K N Balagopal, a member of the council of ministers of the state of Kerala holding charge of the finance portfolio still remain undiminished. I hope the Hon’ble Governor will appreciate that no further action needs to be taken in the matter,” the CM further said in the letter.
Earlier on 17 October, the PRO of Raj Bhavan, in a tweet said Hon’ble Governor Sri Arif Mohammed Khan has said “The CM and council of ministers have every right to advise the Governor. But the statement of individual ministers that lowers the dignity of the office of the Governor, can invite action, including withdrawal of pleasure.”
Article 164(1) does say that “Ministers shall hold office during the pleasure of the Governor” This provision does not mean that the Governor has the power to sack a minister. There has been no occasion in the history of India so far of a Governor unilaterally removing a minister from the government.
In ‘Shamsher Singh & Anr vs State Of Punjab’ (1974), a seven-judge Constitution Bench of the Supreme Court said: “We declare the law of this branch of our Constitution to be that the President and Governor, custodians of all executive and other powers under various Articles, shall, by virtue of these provisions, exercise their formal constitutional powers only upon and in accordance with the advice of their Ministers save in a few well known exceptional situations.”
These situations could arise if the Prime Minister or Chief Minister cease to command majority in the House, the government loses majority but refuses to quit office, and for “the dissolution of the House where an appeal to the country is necessitous