Thiruvananthapuram (Keralam) [India], October 27 (ANI): Leader of Opposition in Keralam Assembly Pinarayi Vijayan on Tuesday said the Keralam government must not accept what he termed the former Governor’s “unconstitutional” action of recommending the removal of the Kerala Public Service Commission (PSC) Chairman and members, and announced that the Opposition would demand a discussion on the matter in the Assembly.
In a statement, Vijayan said, "Reports have emerged that, for the first time in Keralam’s history, the former Kerala Governor recommended to the President of India that the Kerala Public Service Commission (PSC) Chairman and members be removed from office."
He alleged that the Governor had exercised excessive powers even before the government-ordered inquiry into the functioning of the PSC was completed. Vijayan also noted that the Crime Branch investigation had not, so far, found any lapses on the part of the PSC Chairman or its members.
“Article 163 of the Constitution requires the Governor to act on the aid and advice of the Council of Ministers in matters relating to the administration of the state. It is in this context that the former Governor’s unusual and unconstitutional action raises serious concerns,” Vijayan said.
Referring to the constitutional provisions governing the tenure and removal of PSC members, he said Article 316 provides for a six-year tenure, while their removal must follow the procedure laid down under Article 317. He said the President could take a decision on the matter only after the Supreme Court conducted an inquiry and submitted its report.
Vijayan also questioned the basis on which the former Governor had reportedly recommended the removal of the PSC Chairman and members, pointing to media reports published on Tuesday which stated that they were yet to be questioned as part of the investigation.
“This indicates that the investigation is still at a preliminary stage. The question of what evidence formed the basis for arriving at such a conclusion is therefore crucial,” he said.
Referring to earlier media reports that the Governor had obtained a report directly from the investigating officer and forwarded it to the President, Vijayan questioned the nature of the report.
“If the investigation had not even reached the stage of questioning the accused, what report did the Governor obtain and forward?” he asked.
Citing Supreme Court judgments and a recent Karnataka High Court judgment, Vijayan termed the former Governor’s action unconstitutional and said the state government should not accept it.
“The Governor has clearly committed a violation of the law. Such an action is unacceptable to the state government within the federal framework. The government must not accept it. If it does, similar interventions could occur in several other matters in the future,” he said.
Vijayan further alleged that the BJP-led government at the Centre was continuing to use Governors to carry out violations of constitutional norms.
"The BJP-led government’s continued use of Governors to carry out such violations of constitutional norms could come at a heavy cost to the state government and would go against the public interest of Keralam," he said.
"The Opposition urges the state government to recognise the seriousness of the issue and take appropriate legal action. It will therefore demand a discussion in the Assembly on the unilateral action taken by the former Governor," he added.
The statement comes after the BJP moved an adjournment motion notice in the Kerala Assembly over alleged irregularities in the functioning of the Kerala Public Service Commission. The notice was submitted by BJP member BB Gopakumar.
However, the Speaker denied permission to move the motion, stating that it did not have the support of 15 members. (ANI)
Pinarayi Vijayan to raise 'constitutional violation' by former Keralam Governor over PSC in Assembly
