kerala News

Difference  of opinion between the Governor and the Chief Minister widens

By Adv. C K George

T’vm: The  difference of opinion between  the  Kerala   Governor  Mr Arif  Mohammed Khan  and the Chief  Minister Pinarayi  Vijayan has  widened  to an unprecedented level  following turning down  of former’s demand  for an in-person briefing  from the Chief  Secretary and the State Police Chief.

The  Governor had  asked their clarification about  “using proceeds from gold  smuggling  and hawala racketeering  for anti-national activities”.

The new cause for difference  of opinion between them  was the reported statement of  Mr Vijayan  in The  Hindu appeared September 30.  It  would  be  apt  to quote  the controversial portion of the Hindu  report.

“ When our  government acts against Muslim extremist  elements, these  forces try to project  that we  are acting against Muslims. For example, 150 kg of gold and hawala   money worth Rs 123 crore  were  seized  by the  State  police  in the  last five years from Malappuram district.  This  money is entering Kerala for “ant-State” and  “anti-national activities”.

Mr Khan had  sought a  report  from the State  government  about a nexus  that  appeared in the  media quoting Mr Vijayan. The  alleged  delay  on the  part of the Government prompted the Governor  to issue  an ultimatum demanding that top officers  brief  him in-person  at Raj Bhavan on October 08.

The  Chief Minister  stated in his  letter to the Governor  that Khan’s  missive was the  chief  Secretary and the State  Police Chief  brief the Governor directly, which contravened  the  princples of democratic governance as envisaged in the Constitution.

The  Governor  held  the  view that he acted according  to  the provisions of the  Constitution under his discretionary powers.

The  Article 163 of the Constitution says : “ There shall be  a  Council Ministers   with the  Chief Minister at the head to and advise  the  Governor in the exercise  of his  function, except in so far  as he is by or under the Constitution  required  to exercise his function or  any other in his discretion.”

In view of the responsibilities of the Governor to the President, and  of  the fact that the Governor’s decision as  to  whether  he  should act in his discretion  in any particular matter is final. It  would be  possible for  a Governor  to act  without ministerial advice   in certain other  matters, according to the  circumstances, even though they  are  not specifically  mentioned in the  Constitution  as discretionary  functions.

The Raj Bhavan sources  said   that  the  action  of the Governor was quite right  and his  action was not ultra virus  as  was alleged by the  Chief Minister Mr Vijayan.

The  issue  is affecting  the  anti-national activities in the State  and hence it fell under the discretionary  powers of Governor.

Under Constitution of India, the Governors  have   discretionary powers. Bu the President of India, has no discretionary  powers under Article 174, though the President appointed the Governors.

Under the circumstances, the  Governors  have every right  to demand top officers of the State to brief  him directly, without  the  will and consent  of the Chief Minister.

The Raj Bhavan sources  said that  The  Hindu newspaper  neither denied  the reported  statement of the Chief Minister nor gave  correction.

Hence  it would not be  wrong to hold that the  Pinarayi Vijayan’s   statement appeared in The Hindu was  not an extempore one.  

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