Rama Krishna Sangem
Will Telangana Governor Jishnu Dev Varma refuse to administer oath of office and secrecy to former Indian cricket team captain Mohammad Azharuddin? Or does Governor have the powers to do that? These are the questions doing rounds in the political circles not only in the state but at the national level.
Now it is official that Chief Minister A Revanth Reddy has recommended to the Governor that Azharuddin be inducted into his close to two year old Cabinet on October 31, Friday. This swearing in ceremony comes less than two weeks before the by-election to Jubilee Hills assembly seat, from where Azharuddin lost in 2023.
BJP has sent a complaint to the Governor urging him not to induct Azharuddin into the cabinet and administer oath of office. Deputy CM Mallu Bhatti Vikramarka and Bhongir Congress MP Kiran Kumar Reddy condemned BJP line of argument and maintained that the Governor would not heed to the party’s demand. BRS, main opposition hasn’t raised any formal objection to Azharuddin, but targeting Congress for its desperate move.
Now the question is whether the Governor can turn down the recommendation of a CM to take someone into his Cabinet? Opinion is, of course, divided. But, most experts say that the Governor cannot stop someone from becoming a minister, unless there are strong grounds for that.
Surfacing of some incriminating evidence against the person to be made a minister or flagrant violation of constitutional provisions are some of the strong grounds for that. But, in case of Azharuddin, there are any such. His not becoming a member of either House of the legislature is not a hindrance, as many in the past have become ministers, on CM’s recommendations.
The only objection can be timing of the swearing in of the former cricketer. Jubilee Hills by-polls that will be held on November 11 shall be ground for that. It will be in violation of election code? If so, the competent authority to decide on it will be the Election Commission of India. But, there are instances of ministers inducted days before the elections or by-elections.
What is the view of experts?
According to Article 164 of the Constitution, the governor appoints other ministers based solely on the advice of the chief minister. The chief minister has the discretion to choose their own council of ministers.
Ministers “hold office during the pleasure of the Governor,” but this pleasure is not exercised at the governor’s personal discretion. The Supreme Court has clarified that this “pleasure” must align with the chief minister’s advice, as long as the chief minister and their council retain the confidence of the legislative assembly.
The governor’s discretionary powers are limited to a few specific situations, such as appointing a chief minister when there is no clear majority, and do not extend to overriding the chief minister’s choice of ministers. Any attempt by a governor to dismiss or block the appointment of a minister without the chief minister’s recommendation would be considered an unconstitutional overreach that could destabilize the state government.
In the case of Azharuddin, the governor’s role is largely formal. CM Revanth Reddy has already recommended Azharuddin’s appointment as a Member of the Legislative Council (MLC), which would make him eligible for a cabinet post. As long as the chief minister holds the confidence of the state assembly, the governor is constitutionally bound to follow the chief minister’s advice on cabinet appointments.
Still 2 more can be taken into Revanth Cabinet
The present cabinet comprises 15 members, including Chief Minister A Revanth Reddy and there is no representation for minorities. As per the provisions, there is still vacancy for three more members in the cabinet. If inducted, the former cricketer will be the first minister from the minority community in Revanth Reddy’s cabinet.
Azharuddin was nominated as a Member of the Legislative Council (MLC) under the Governor’s quota by the Telangana government in August last week. However, Governor Jishnu Dev Varma is yet to clear the appointment.
