Opinion: Tamil Nadu Fiasco Shows Why Governors Should Be Abolished

In an unprecedented move, the Tamil Nadu Governor, on his own accord and without the recommendation of the Tamil Nadu Chief Minister, dismissed the cabinet minister V Senthil Balaji. Facing massive political backlash, the Governor seems to have developed cold feet and communicated to the Tamil Nadu government that his earlier decision was on hold. Even still, his unilateral initial decision signifies the normalised weaponization of the office of the Governor, which has become routine under the Modi government and has precipitated a constitutional crisis in yet another opposition-ruled state.

What's wrong with the decision:

Illegal: The decision is manifestly illegal as it contravenes Article 164(1), which binds the Governor to appoint/remove ministers on the advice of the Chief Minister, read in conjunction with Article 163, which restricts the Governor's autonomy by abiding him to be guided by the aid and advice of the council of ministers, except in well-defined cases of exception. Different Supreme Court rulings have laid out that the pleasure of the Governor in appointing and removing ministers is not a subjective personal pleasure of the individual holding the Governor's post but rather supervised by the aid and advice of the Chief Minister. By attempting to exercise autonomy in a matter where none is granted by the constitution, the Governor is trying to usurp power illegitimately.

Subverts triple chain of accountability: The decision effectively seeks to install the Governor as the boss of ministers. The Governor is now seeking to play judge, jury, and executioner in pending investigations launched, for widely believed petty partisan and political motives, by his appointee entity (the Union Government). Instead of being accountable to the assembly, the council of ministers is now sought to be controlled by an unelected and unaccountable power centre - the Governor.