Can the governor remove a minister without CM's advice

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The Politicus
Oct 18, 2022 01:29 AM 0 Answers
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Recently, Kerala's governor threatened to sack ministers.
Can he really do that without the CM's "advice"?

Article 164 of the Constitution of India says:

the Ministers (in the state council of ministers) shall hold
office during the pleasure of the Governor

But before that it says:

The Chief Minister shall
be appointed by the Governor and the other Ministers shall be appointed by the
Governor on the advice of the Chief Minister

Also, a minister is responsible to the assembly and not the governor:

The Council of Ministers shall be collectively responsible to the
Legislative Assembly of the State.

In case it is ambiguous in the constitution/law itself,
is there any precedent set by any previous governor, President, or the Supreme Court in this matter?

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  • October 18, 2022