Governor’s discretion to dismiss the Ministry
A very controversial question regarding the Governor’s discretion is his power to dismiss the Ministry. As at the Centre, so in a State, the Council of Ministers is collectively responsible to the Legislative Assembly and holds office during the Governor’s pleasure. A non-controversial use of the Governor’s power is the dismissal of a Minister who has lost the confidence of the Chief Minister, or the dismissal of a Ministry which has demonstrably lost majority support in the Legislative Assembly. When a Ministry enjoying the majority support, however, acts to thwart the Constitution, or makes a mockery of the democratic and parliamentary institutions, or infringes a specific constitutional obligation, e.g. , it fails to convene the Legislature within six months of the last session, recourse may be had to the Presidential power under Art. 356. It may not be possible for the Governor to use his own power to dismiss the...