Dear Editor,
A Governor is the Head of the State and a Chief Minister is the Head of the Government. Governor is bound by the advice of the council of ministers headed by the Chief Minister. The Supreme Court has made right observation that a Governor is not vested with powers to sack a minister. When the law and order of a state breaks down because of which the government cannot be run in accordance with the provisions of the Constitution, the Governor can recommend for President’s rule in the state. When a state is under President’s rule, the Governor rules the state on behalf of the President and during the time the state is under President’s rule, all authorities vested in the hands of a Chief Minister are vested in the hands of the Governor. Virtually, during President’s rule, Governor dons the role of a Chief Minister. While Governor administers the oath of office to Chief Minister, he has no powers to sack the Chief Minister or his ministers. Governors of the states, Attorney General of India, Civil Services personnel, Council of Ministers and Prime Minister hold the office during the pleasure of President and the Chief Minister and his Ministers shall hold office during the pleasure of the Governor. Going by this, in actual practice, the President acts on the pleasure of the Prime Minister and Governor on the pleasure of Chief Minister. A President and the Governors of states cannot withhold the assent to the Bill. A President is the first citizen of the nation. The Constitution does not give any powers to the President to act on his own even when the interest of the nation demands. While a Prime Minister cannot sign the Bill and make it an Act, the President cannot refuse to sign. In other words, Prime Minister or Chief Minister enjoys all the authorities except signing the Bills whereas a President enjoys no authority but only to sign the Bills passed by both the Houses. The President or Governor can return the Bill with his observations for reconsideration. The Prime Minister serves at the ‘pleasure of the President’. Yet, he cannot dismiss the Prime Minister or his ministers like Governor cannot dismiss Chief Minister or his ministers so long as the Prime Minister or Chief Minister enjoys the confidence of the Lok Sabha and Legislative Assembly respectively. A Governor can dismiss a minister only under the advice of the Chief Minister. Authority to induct or dismiss a minister is vested in the hands of the Chief Minister whereas the Governor can enjoy only the signing power. The Supreme Court has given the ruling in the case of Senthil Balaji that a Governor cannot dismiss a minister. The ruling is exactly in consonance with the provisions of the Constitution. But, prima facie, the word “pleasure” looks absurd. Both Prime Minister and Chief Minister work when they enjoy the pleasure of the majority of the MPs and MLAs. The pleasure of majority of the MPs and MLAs must be construed as the “pleasure” of the President and Governor.
K.V. Seetharamaiah
