Kerala Governor’s ‘withdrawal of pleasure’ remark draws flak from all corners

The war of words between the Governor of Kerala and the state government seems to be crossing all limits. The Governor’s warning that he would “withdraw the pleasure,” that is, remove the council of ministers, has led to a fresh battle in which people from all corners have strongly criticised him. In addition, his letter to the vice-chancellor of Kerala University, demanding the removal of 15 senate members, has added fuel to the fire.

Governor Arif Mohammad Khan, who was furious with state ministers for criticising him, warned that they would be “removed by withdrawal of his pleasure.” On Monday, the Governor’s PRO tweeted, “The CM and the Council of Ministers have every right to advise the Governor, but the statements of individual ministers that lower the dignity of the office of the Governor can invite action including the withdrawal of pleasure.”

Hon’ble Governor Shri Arif Mohammed Khan said:“The CM and Council of Ministers have every right to advise Governor.But statements of individual ministers that lower the dignity of the office of the Governor,can invite action including withdrawal of pleasure”:PRO,KeralaRajBhavan

— Kerala Governor (@KeralaGovernor) October 17, 2022

It invoked widespread criticism irrespective of political affiliation. “The Governor has no power to remove ministers,” said Opposition leader V D Satheeshan. “The Governor is not above the Constitution. His ‘pleasure’ cannot be invoked to remove ministers,” he added.

“Intimidation tactics”

Chief Minister Pinarayi Vijayan said the government had no time to waste by listening to the Governor’s intimidating statements. “The intimidation tactics will not work. The government is focussed on development. No one can distract the government, which has the mandate of the people for a second consecutive term,” the CM said at a conference of a coir workers’ union in Alappuzha.

Constitutional experts also criticised the Governor’s warning of removing ministers. “The power to demand the resignation of ministers rests with the Chief Minister, not with the Governor,” said PDT Achari, former Lok Sabha secretary-general. “The doctrine of pleasure mentioned in Article 164 of the Constitution cannot be interpreted as the power to remove ministers,” Achari added.

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According to Article 164, the Governor will appoint the Chief Minister of a state but the other ministers on the advice of the Chief Minister. Subsequently, the ministers shall hold office “during the pleasure of the Governor.”

“Nobody is beyond criticism”

The ministers and leaders of Left political parties, too, dismissed the Governor’s warning. “Criticism never lowers the dignity of any office. In democracy, nobody is beyond criticism,” said M B Rajesh, Minister for Excise and Local Governance. He also reminded in his FB post that it was not any state minister who called the vice-chancellor of a university “a criminal” and a respected nonagenarian historian as “gunda” (referring to Khan’s words against historian Irfan Habib).

“In democracy, the pleasure of the Governor is not equal to the pleasure of the king in monarchy. Article 164 and a handful of Supreme Court judgments clarify this fact,” said M B Rajesh.

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The CPI(M) politburo demanded the President’s intervention in the matter. “This (the controversial tweet) amounts to saying that the Governor can dismiss a minister by withdrawing his pleasure. Such dictatorial powers are not vested with the Governor by the Constitution. By making such a statement, Khan has only exposed his political bias and hostility towards the LDF government.” Said the politburo in a Press release on Tuesday.

“The President of India should intervene to prevent the Kerala Governor from making such anti-Constitutional and anti-democratic statements,” the statement read.

Kerala University row

In addition to the controversial tweet, the Governor has sent a letter to the vice-chancellor of Kerala University, demanding the removal of 15 members of the senate. In that letter, too, he has invoked the doctrine of “pleasure.” These senate members stayed away from a meeting convened on October 11 to finalise the members of the search committee for the appointment of the new VC.

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Followed by this collective absence, the furious Governor informed the VC that he had “withdrawn his pleasure” on the members of the senate. However, according to law, it is the VC who can decide to remove a senate member. The VC is yet to take any action based on the Governor’s “withdrawal of pleasure.” According to sources, the senate members are planning to challenge the Governor’s “withdrawal of pleasure” in High Court.

“The ‘withdrawal of pleasure’ is not an action a Governor can take according to his free will. His powers are well defined in the Constitution,” said Kaleeswaram Raj, a senior lawyer at Kerala High Court. “The pleasure of the Governor is relevant only in connection with the majority status of the Cabinet. He can withdraw his pleasure only when the Cabinet has lost majority,” he explained.

However, he added that such statements from the Governor could not be taken lightly. “This is a deliberate action to weaken people’s trust in democracy, engineered by right-wing communal forces,” Kaleeswaram Raj added.