Context :
– Tamil Nadu Governor dismisses arrested minister Senthil Balaji from the state cabinet.
– The statement said that there were reasonable apprehensions that continuation of Senthil Balaji in the council of ministers would adversely impact the due process of law including fair investigation that may eventually lead to breakdown of the Constitutional machinery in the state.
What does the constitution say ?
Article 164 Other provisions as to Ministers
(1) The chief Minister shall be appointed by the Governor and the other Ministers shall be appointed by the Governor on the advice of the Chief Minister, and the Ministers shall hold office during the pleasure of the Governor
Article 163 Council of Ministers to aid and advice Governor.
(1) There shall be a Council of Ministers with the Chief Minister at the head to aid and advise the Governor in the exercise of his functions, except in so far as he is by or under this Constitution required to exercise his functions or any of them in his discretion.
What is Doctrine of Pleasure ??
– The doctrine of Pleasure is a common law rule.
– This doctrine has its origin in England. The Doctrine of Pleasure is a special prerogative of the British Crown.
– In England, a servant of the Crown holds office during the pleasure of the Crown and he can be dismissed from the service of Crown at pleasure.
– The tenure of office of a civil servant can be terminated at any time without assigning any cause.
What supreme court judgement says ??
– The Supreme Court in the case of U.N. Rao v. Indira Gandhi held that the position of the President and that of the Governor are just titular in nature and that the real power is actually exercised by the Council of Ministers.
– Also, in Shamsher Singh case it was held that whenever the Constitution requires the satisfaction of the President or the Governor for the exercise by the President or the Governor of any power or function the satisfaction required by the Constitution is not personal satisfaction of President or the Governor.
– The satisfaction of President or the Governor in the Constitutional sense in the Cabinet system of Government, that is, satisfaction of his Council of Ministers on whose aid and advice the President or the Governor exercises all his powers and functions.
– The Constitution does not aim at providing a parallel Government within the State by allowing the Governor to go against the advice of the Council of Ministers, therefore neither the President, nor the Governor is to exercise executive functions at their own discretion.
– Hence the Government of the country is controlled by a Ministry and Cabinet chosen by the electorate which while remaining responsible to the electorate is responsible directly to the legislature, in other words, the Executive branch of the Government is responsible to the Legislature for the foregoing reasons.
Can Governor Dismiss a minister ??
– It is undeniable that the sanction for prosecution of public servant including a minister is the executive function of the State Government .
– There is not specific Article in the Constitution which requires the Governor to act ‘in his discretion’ in the exercise of the Executive function.
– Article 163(1) does not enable the Governor to grant sanction for the prosecution in his discretion.
– It is also not possible for the Courts to concede to the Governor the power to sanction the prosecution of a Minister.