Kerala Governor Arif Mohammad Khan has, on Sunday, received legal advice on the re-induction of Saji Cherian, who resigned as minister over his controversial remarks against the constitution, into the cabinet.
It has been reported that the governor received a legal opinion stating that he (the governor) cannot reject the name of a minister suggested by the chief minister.
According to the legal advice received by the Raj Bhavan, it is the constitutional responsibility of the governor to swear in the person nominated by the chief minister. However, the legal advice also states that the governor can ask for clarification from the chief minister in Saji Cherian’s case.
According to the constitution, the council of ministers is appointed by the governor on the advice of the chief minister.
Governor Arif Mohammed Khan had, on Saturday, sought the legal advice regarding the state government’s recommendation to re-induct Saji Cherian, who resigned from the cabinet over his controversial remarks against the constitution, to the Pinarayi Vijayan government.
He had sought the legal opinion of the Raj Bhavan standing counsel advocate Gopakumar Nair on whether there are any legal issues with Cheriyan taking oath as a case is pending against him in a court over the issue of his alleged anti-constitution speech.
A case is pending against Saji Cherian in a Thiruvalla court regarding his alleged anti-constitutional speech.
The government had written to the governor asking time for the swearing-in ceremony. Following this, the governor has sought the legal advice from the Raj Bhavan standing counsel.
The CPI-M state secretariat which met on Friday had given the nod for the re-induction of Saji Cherian into the cabinet, almost six months after he resigned following an uproar over his alleged anti-Constitutional remark. The secretariat entrusted the chief minister to take a call on the date of the swearing in ceremony.
Saji Cherian had stepped down as minister for fisheries, culture and youth affairs on 6 July after his remarks against the Constitution during an event in Mallappally sparked a row.
A three-minute video clip of Saji Cherian addressing a CPI-M event at Mallappally in Pathanamthitta had gone viral. The video purportedly showed him saying that “India has a beautifully written Constitution. But, I would say that the Constitution is written to rob the people.”
“Though there are traces of a few good things such as democracy and secularism in the Constitution, it aims to exploit the common man,” the video showed him as saying.
The Congress-led UDF has come out against the decision of the CPI-M to bring back Saji Cherian to the cabinet. The UDF termed the decision a challenge to Kerala society.
Criticising the decision to re-induct Saji cherian in the ministry, KPCC president K Sudhakaran asked, “If Saji Cherian had not violated the constitution, why did the CPI-M ask him to step down.
“Even after violating the Constitution, what investigation did the government conduct? Is there any report available on that investigation,” Sudhakaran further asked.
Calling the decision to bring back Saji Cherian a mockery to the society, Opposition leader VD Satheesan said the situation that led to Saji Cherian’s resignation still remains the same.