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Polity & Governance
Mahesh

06/11/22 16:49 PM IST

DMK wants Tamil Nadu Governor gone

In News 
  • TN government has sent a proposal to remove Tamil Nadu Governor R N, Ravi.  
Governor Appointment and Removal 
  • Under Articles 155 and 156 of the Constitution, a Governor is appointed by the President and holds office “during the pleasure of the President” ( but in effect the pleasure is of a council of ministers headed by the Prime Minister).
  • Article 163 of the Constitution says the Governor will normally be aided and advised by the Council of Ministers except in those functions which require his discretion.
  •  If this pleasure is withdrawn before the completion of the five-year term, the Governor has to step down. While the Governor’s duties and responsibilities lie in a particular state, there is no provision for impeaching the Governor.
  • In BP Singhal vs Union of India (2010), the Supreme Court upheld that “no limitations or restrictions are placed on the ‘at pleasure’ doctrine”, but the power to remove can’t be exercised in an “arbitrary, capricious or unreasonable manner”
  • Sarkaria Commission had recommended that Governors are not sacked before completing their five-year tenure, except in “rare and compelling” circumstances.
Source- Indian Express 

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