Governor’s discretion to dismiss the Ministry

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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 Ministry in such a situation, for then he will have to install another Council of Ministers and it may not be possible for him to do so when the dismissed Ministry had majority in the House.

There is also the knotty problem of options open to a Governor when the government in office, enjoyed majority support once, but loses that in between the two sessions of the Legislature. Should the Governor take action to dismiss the Ministry, or wait till the Assembly meets and votes the Ministry out?

In Many cases High Courts held that the Assembly can only express its want of confidence in the ministry; the Assembly cannot go further than that; it has no power to remove or dismiss the Ministry. “The power of removal or withdrawal of pleasure is entirely and exclusively that of the Governor.”

This, however, is the legalistic position. In practice, the Governor must keep certain matters in view while exercising the power, the basic consideration being that the Governor is to use his powers to promote, not to thwart, responsible government in the State.

The Administrative Reforms Commission has suggested that when a question arises as to whether the Council of Ministers enjoys majority support in the Assembly, the Governor may suo motu summon the Assembly to obtain the verdict if the Chief Minister does not advise him to convene the Assembly. The Central Government has refused to endorse this suggestion.

On February 21, 1998, the U.P. Governor dismissed the Kalyan Singh Government without giving him a chance to prove majority. A writ petition was filed in the Allahabad High Court challenging the action of the Governor. The Allahabad High Court overturned the Governor’s action, restored the Kalyan Singh Government and left it open to the Governor to convene a session of the State Legislative Assembly to prove its majority. Then, the newly installed Chief Minister approached the Supreme Court. The Court directed that a special session of the Assembly be summoned to ascertain the majority in the House.

It becomes clear from the above-mentioned decisions of the High Courts and the Supreme Court that the Governor’s discretion to dismiss the Chief Minister is exercisable only if the Chief Minister loses his majority in the Assembly and this has to be ascertained only on the floor of the House and not in the chambers of the Governor. It is very clear now that the Governor’s pleasure is to be exercised for promotion, and not for supplanting, the democratic parliamentary system. The Governor ought not to exercise his pleasure at his own whim and fancy but only after a floor-test in the Assembly. Thus, the Governor’s discretion to dismiss the Ministry has been effectively restricted by judicial pronouncements. 

The Administrative Reforms Commission suggested in 1969 that some guidelines should be evolved to enable exercise of these discretionary powers by the Governor for the purpose of preserving and protecting democratic values. The Commission felt that the guidelines are necessary to secure uniformity of action and eliminate all suspicions of partisanship or arbitrariness.4 However, the Central Government considered this recommendation of the A.R.C. and decided against framing any guidelines. The Government felt that the best course would be to allow conventions to grow up.

Presently it seems that a convention has come into existence that in case of doubt whether the Ministry enjoys the confidence of the House or not, the Governor requires the Chief Minister to seek a vote of confidence from the House. 

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