Kerala Governor Khan threatens to sack ministers for undermining the dignity of Raj Bhavan

CPM hits back, saying the governor is exceeding the limits, and his words and deeds are intended to target an elected government.

ByK A Shaji

Published Oct 17, 2022 | 6:15 PMUpdatedOct 17, 2022 | 6:22 PM

Governor

Kerala Governor Arif Mohammed Khan on Monday, 17 October, issued a warning to state cabinet ministers against making any attempt to undermine the dignity of the Raj Bhavan.

In a message posted on Twitter, Governor Khan even indicated that he would not hesitate to remove ministers if they continued their activities targeting his office.

“The CM and Council of Ministers have every right to advise the Governor. But statements of individual ministers that lower the dignity of the office of the Governor can invite action, including withdrawal of pleasure,” the tweet posted on the governor’s official Twitter handle said.

The Communist Party of India-Marxist (CPM), the major constituent of the LDF, retorted within an hour of the tweet.

Governor exceeding limits

In a statement released to the media, the party accused the governor of “exceeding limits” and stressed that the Raj Bhavan could not remove any minister without the chief minister’s advise.

A few constitutional experts, including former secretary general of the Lok Sabha, P D T Achari, also reminded the governor that the Constitution does not empower him to remove ministers in the state cabinet according to his will.

“He can add or remove a minister only on the chief minister’s advice. Only a chief minister can decide on who will be a cabinet member. The same is the case with removing a minister,” Achari told South First, when contacted.

“The governor has no role in it. He has to heed to the directives of the council of ministers,” Achari added.

Sources close to Khan, however, differed. They claimed that the governor could remove any minister using his power as the  appointing authority.

“Once a governor withdraws his pleasure on any particular minister, he or she will have to quit,” they said.

The provocation 

Raj Bhavan sources, meanwhile, revealed that the immediate provocation for the governor’s tweet was a reported reported statement of Higher Education Minister Prof R Bindu. She reportedly said that everyone was bound by their constitutional duties.

“The minister was referring to the governor’s alleged refusal to consent to University Laws (Amendment) Bill, 2022, which the Assembly passed in September this year. The Bill had given an upper hand to the state government in selecting vice-chancellors of the universities in Kerala,” the source said.

Bindu said the proposed legislation laid down provisions for certain safeguards for teachers and students in autonomous colleges.

“He (the Governor) could have returned the Bill by citing anomalies, if any. He has instead abandoned it. It is the responsibility of all, and not a particular section alone, to fulfil their constitutional duties,” she said on Friday.

Ongoing tussle

The tussle between the state government and governor has been going on for the last few months. It got to a flashpoint last week when Khan withdrew 15 of his nominees from the Senate of the University of Kerala using his capacity as its chancellor.

Khan cracked the whip on the Senate members after they stayed away from a meeting of the university body which should have proposed its nominee for the search and selection committee for the next vice-chancellor.

Earlier, Khan had formed a search committee without the Senate nominee.

The University Act mandates that the committee should have a nominee from the Senate. Since there was no recommendation for a nominee from the CPI(M)-dominated Senate, Khan notified only a two-member committee.

The CPI(M) felt that Khan had rushed through the process as the new Bill would take away his upper hand in selecting the vice-chancellor.

“He is exceeding limits, and his words and deeds are intended to target an elected government. He has openly said he believes in and supports RSS ideology. If someone says he was protecting the RSS plan, he cannot be blamed either,” Kerala CPM secretary MV Govindan responded to the controversy.

CPI(M)’s Rajya Sabha member John Brittas said the governor appeared confused about his position.

“Lord Mountbatten was the last Viceroy of India! But it seems Kerala Governor is confused about his position and powers. He is bent upon ensuring that the Constitution and Federalism are in tatters,” Brittas tweeted.