The Governor of a state does not have the power to remove ministers of an elected government and only the Chief Minister has that authority, Pinarayi Vijayan said on Tuesday. The Kerala CM was responding to queries at a press conference regarding Governor Arif Mohammed Khan's warning to LDF ministers that they could be removed from office if they make statements that lower the dignity of the Raj Bhavan.
On being asked why he thinks Khan was giving such forewarnings periodically, Vijayan said, "What I have to say to that is that one should not become a joke before the general public.
"Vijayan said a stand that no one should criticise anyone is not an acceptable position in our society as our Constitution gives us the freedom for criticism and expression of opinion.
He further said the Constitution as well as court rulings have clearly defined what are the powers of a Governor in a federal system and what are the positions, duties and responsibilities of the elected cabinet.
"Even Dr B R Ambedkar said that the discretionary powers of the Governor were 'very narrow'," Vijayan remarked.
He said that a leader of the party or front which has a majority is appointed as CM and he in turn appoints the ministers of his cabinet and the latter give their resignations to the former who in turn hands it over to the Governor.
The Governor takes decisions on the advice of the Chief Minister according to Constitutional provisions and practices followed in our country and if anyone says they will act contrary to the Constitution, "then it cannot be justified and will not be justified", Vijayan said.Khan's 'warning' was the latest development vis-a-vis the ongoing tussle between the ruling LDF in Kerala and the Raj Bhavan over various issues.
The ruling CPM and the Congress-led opposition UDF hit out at Khan saying he has no power under the Constitution to remove ministers and that his warning showed his ignorance of the Constitution and Parliamentary democracy.
Kerala Advocate General K Gopalakrishna Kurup had said, "Provisions of the Constitution do not visualise any such power on the part of the Governor.".The Governor and the ruling Left front have been at loggerheads for some time over him giving his approval to certain legislations, like the Lok Ayukta and University Laws Amendment Bills, passed by the Kerala Assembly and appointments to the universities in the state.
Several Left ministers have been saying that the Governor is bound to act in accordance with the aid and advice of the Council of Ministers and he cannot hold on to the bills indefinitely without signing or sending them back.
Some Left leaders and ministers had alleged that Khan was creating a constitutional crisis in the state at the behest of the BJP and RSS and was trying to implement the policies of the latter in Kerala.