GOVERNOR VS COUNCIL OF MINISTERS - POLITY
News: T.N.
Governor rejects recommendation of CM on portfolios
What is in the news?
●
Recently, the GOVERNOR’s
refusal to allocate a portfolio which was suggested by the Tamil Nadu CM has
questioned the constitutional powers of the governor.
○ CM
said that the allocation of portfolios was the prerogative of a Chief Minister
and the Governor turning down the recommendation went against the Constitution
and the principle of State autonomy.
Constitutional relations between Governor and CoM:
Article 161:
●
It states that the Governor
has the power to grant pardons,
reprieves, etc.
●
The Supreme Court stated
that the sovereign power of a Governor
to pardon a prisoner is actually exercised in consensus with the State
government and not the Governor on his own.
●
The advice of the government binds the Head of the State.
Article 163:
●
It states that there is a
council of ministers headed by the Chief
Minister to aid and advise the Governor in the exercise of his functions,
except some conditions for discretion.
●
Discretionary powers
include:
○ Appointment
of a chief minister when no party has a clear majority in the state legislative
assembly
●
In times of no-confidence
motions
■ In
case of failure of constitutional machinery in the State (Article 356)
Article 164:
●
The Chief Minister (CM)
is appointed by the Governor; and the other Ministers are appointed by the
Governor on the CM’s advice.
●
It adds that Ministers hold office during the pleasure
of the Governor.
Supreme Court’s view:
Shamsher Singh & Anr vs State of Punjab (1974):
●
In this case, a
seven-judge Constitution Bench of the Supreme Court said that the President and
Governor, custodians of all executive and other powers under various Articles,
shall exercise their formal constitutional powers only upon and in accordance
with the advice of their Ministers save in a few well-known exceptional
situations.
Nabam Rebia And Etc. vs Deputy Speaker and Ors (2016):
●
SC ruled that Article 163 of the Constitution does not
give the Governor a general discretionary power to act against or without the
advice of his Council of Ministers.