• UGI USER
  • Jan 08, 2024
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GOVERNOR’S AUTHORITY ON MINISTERIAL DISMISSAL: SC RULING

Why in the News?

  • The Supreme Court clarified the governor’s role in dismissing ministers, offering potential relief to Tamil Nadu’s Minister facing arrest in a job-for-cash scandal.

Focus: 

  • This ruling clarifies the governance structure, emphasizing the chief minister’s pivotal role in ministerial dismissals and providing legal insight into the governor’s authority.

Court’s Stand:

  • Governor’s Limitation: The SC emphasized that the governor lacks the authority to dismiss a minister without the chief minister’s recommendation.
Legal Aspect

Article 164 and Ministerial Appointments:

·  In accordance with Article 164 of the Constitution, the Governor appoints the Chief Minister without external advice.

·  However, the appointment of individual Ministers is contingent upon the Chief Minister’s counsel, indicating the Governor’s lack of discretion in this regard.

·  Consequently, the Governor’s authority to dismiss a Minister is constrained, requiring advice solely from the Chief Minister.