Arlekar’s parting move against Kerala PSC raises constitutional questions

In an unprecedented move shortly before leaving office, former Kerala Governor Rajendra Arlekar has reportedly recommended the removal of Kerala Public Service Commission (PSC) chairman MR Baiju and the commission’s members, triggering a fresh political confrontation over the constitutional limits of the Governor’s office and the future of the state’s recruitment body.

Arlekar reportedly sent his recommendation to President Droupadi Murmu about a week before he was relieved of his responsibilities in Kerala on October 23 and transferred to Tamil Nadu. The move, based on complaints of alleged recruitment irregularities and reports of investigations into the commission’s functioning, is believed to be the first of its kind in the state’s history.

Opposition challenges recommendation

Leader of Oppposition Pinarayi Vijayan has challenged the legality of the recommendation, accusing Arlekar of violating constitutional provisions and abusing his powers. He has also demanded that the state government clarify whether it supports the former Governor’s intervention.

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“The Governor’s action is illegal, violates constitutional provisions and amounts to a gross abuse of power,” Pinarayi said in a statement. Citing Articles 316 and 317 of the Constitution, he argued that PSC members are appointed for a six-year term and cannot be removed merely on the basis of complaints or an investigation by state agencies.

“Only after the Supreme Court conducts an inquiry into a complaint of misbehaviour by a member and reports that the chairman or members should be removed can the President take a decision on the matter,” he said. No such inquiry had been conducted against the Kerala PSC members, he added.

Pinarayi questions governor’s powers

Pinarayi also invoked Article 163, which requires the Governor to act on the aid and advice of the Council of Ministers except in matters where the Constitution provides for discretion. He argued that the Governor had no independent constitutional authority to make such a recommendation in the absence of the prescribed procedure.

Describing the move as a continuation of Arlekar’s interventions in the state’s affairs, Pinarayi said the PSC was a continuing institution whose members ordinarily served out their terms irrespective of changes in government.

“Kerala has no history of dealing with the PSC with political vendetta. Successive governments have appointed new members as vacancies arise after the existing members complete their terms,” he said.

“Is the UDF government supporting such unconstitutional positions adopted by Governors? If the government intends to support these illegal actions, directly or indirectly, it will have to pay a heavy price. It would pave the way for authoritarian tendencies,” Pinarayi warned.

Government response stirs row

The UDF government’s response has added a political dimension to the controversy. Health Minister K Muraleedharan has described the PSC as corrupt, suggesting that allegations against the recruitment body could explain the action taken by Arlekar. The remarks indicate that the government may be more receptive to the recommendation than the Opposition, although the constitutional validity of the proposed removal remains a separate question.

The immediate issue is whether alleged misconduct in recruitment can justify the removal of an entire constitutional commission, and whether the procedure prescribed by Article 317 has been followed.

The Governor’s recommendation does not itself remove the chairman or members. Article 317 provides for their removal by the President on specified grounds, including misbehaviour, following an inquiry by the Supreme Court. The distinction between referring allegations for examination and recommending removal without the constitutionally prescribed process is therefore central to the dispute.

About the PSC exam scandal

The recommendation comes amid a Crime Branch investigation into alleged irregularities in the PSC examination for senior posts in the Kerala State Planning Board. The controversy concerns the recruitment examination conducted in July 2023 for three chief-level positions. One candidate who secured the third rank subsequently found that questions carrying substantial marks had not been evaluated.

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A preliminary verification found that 10 questions carrying 58 marks had remained unevaluated in the answer scripts of all 228 candidates. Investigators have examined whether the lapses affected the rank list and whether the process was manipulated to favour a candidate. The probe was subsequently expanded to cover other recruitment examinations. The Kerala High Court has also criticised the progress of the investigation and questioned the PSC’s cooperation with investigators.

Pinarayi maintained that the PSC had completed appointments for lakhs of candidates over the past decade and accused organised interests of using allegations surrounding individual recruitments to undermine the credibility of the entire institution.

He called on the state government to state its position clearly, warning that using the recruitment controversy to justify political intervention in the commission could weaken its institutional independence.

The question now is whether the President will act on Arlekar’s recommendation and, if so, how the constitutional safeguards governing the removal of PSC members will be applied.