Hindi English Translation || Editorial || Whose pleasure? On Kerala Governor’s remarks

Whose pleasure? On Kerala Governor’s remarks

The Constitution (संविधान) has no provision (प्रावधान, शर्त) for a Governor to sack (dismiss, discharge, throw out) Ministers

Kerala Governor Arif Mohammed Khan’s indirect threat that he can independently dismiss Ministers is neither in keeping with (के अनुरूप, ध्यान में रखते हुए) the dignity (गरिमा, स्वाभिमान) of his office nor in line with (in alignment with; in accordance with) the Constitution. His claim (दावा, बयान) that “statements of individual ministers that lower the dignity of the Governor’s office can invite (आमंत्रण, कारण, नेतृत्व करना) action including withdrawal (निकासी, रद्द करना, अमान्य करना) of pleasure (satisfaction, fulfilment)” has no basis in the constitutional (relating to the Constitution) system. Article 164 of the Constitution (Article 164 of the constitution of India deals with the appointment of the Council of Ministers and the Chief Minister), which says the Chief Minister shall be appointed by the Governor and other Ministers shall be appointed by the Governor on the Chief Minister’s advice, adds that “the Ministers shall hold (पकड़, कब्जा) office during the pleasure of the Governor”. There have been instances of Governors dismissing Chief Ministers, but those were related to constitutional situations in which the legislative (विधायी, नियामक) majority of the incumbent (current, existing, present) ministry was in doubt (शक, संदेह). It is also now judicially (न्यायिक, कानूनी रूप से) determined that the question of majority can be answered only on the floor of the legislature (law-making body or governing body; parliament, congress, council, assembly) through a confidence vote. Nothing in the Article means (way, method, mode) that the Governor may independently dismiss a Minister. The pleasure doctrine (सिद्धांत, विश्वास, नियम) exists only in a constitutional sense, and is exercised (use, utilize, employ) by the Governor only on the advice of the Chief Minister. In other words, the term ‘pleasure of the Governor’ is used as a euphemism (an innocuous (inoffensive/harmless) or pleasant word/phrase/expression that is used as an alternative to something offensive & unpleasant; polite term, indirect term, mild alternative, understatement) to refer to the Chief Minister’s power to drop (dismiss, discharge, exclude, oust, kick out) a Minister from the Council of Ministers (मंत्रिपरिषद).

The context (संदर्भ, परिस्थितियो, स्थितियों) for this particular confrontation (आमना-सामना, झगडा, लड़ाई) appears to be the Governor’s reluctance (unwillingness, disinclination, hesitation) to grant assent (approval, agreement, concurrence, acceptance) to the Kerala University Laws (Amendment) Bill, 2022 (the University Laws (Amendment) Bill, 2022 which alters the composition of the search-cum-selection committee to appoint Vice Chancellors and effectively provide the State government greater leverage in the process. It clips the powers of the Governor in appointing Vice Chancellors to universities). Higher Education Minister R. Bindu’s remark that the Governor should return the Bill (A Bill is a draft statute that becomes law after it is passed by Parliament ( for nationwide statute) / Legislative Assembly (for statewide statute) and assented to by the President. All legislative proposals are brought before Parliament/Legislative Assembly in the forms of Bills) for reconsideration (review, re-examination, reassessment) instead of (rather than) withholding (stop, check; to refuse to give something; to refrain from giving permission) his approval indefinitely was a possible trigger (cause, reason) for his comment. While Governors may differ (disagree, dissent, be in dispute, be in opposition, clash, cross swords, lock horns) with the contents of a Bill and may exercise the available constitutional options, they should not use their powers to stall (obstruct, impede, hinder, hamper, block, interrupt, stop) legislation (body of laws, acts, rules, regulations, statutes) unpalatable (disagreeable, unpleasant, displeasing, distressing) to them. In the realm (area of activity; sphere, domain) of university laws, Governors, being Chancellors (The chancellor is titular head of a state university. In almost all states, the Governor serves as ex-officio chancellor, and in this capacity appoints vice-chancellors of state universities and presides over convocation ceremonies, among other responsibilities. (As per the provisions of the Act of the concerned University, the Governor appoints the Vice Chancellor on the advice/in consultation with the State Government)) of most universities, the scope for friction (conflict, discord, disagreement, dissent, opposition, clashing) is quite high. It should be remembered that the office of Chancellor is created by the statute (Act, bill, law, decree) that establishes a university, and the legislature is equally competent (capable; qualified, empowered) to curtail (reduce, diminish, decrease, cut, lower, lessen) the Chancellor’s powers or even abolish (quash, get rid of, discard, remove, eliminate, discontinue, cancel) the system of having the Governor as Chancellor. Even the M.M. Punchhi Commission (The Government of India constituted a Commission on Centre-State Relations under the chairmanship of Justice Madan Mohan Punchhi, former Chief Justice of India on 27th April 2007 to look into the new issues of Centre-State relations keeping in view the changes that have taken place in the polity and economy of India since the Sarkaria Commission had last looked at the issue of Centre-State relations over two decades ago), which reviewed Centre-State relations, recommended that Governors should not be burdened (load, overload, trouble, disturb) with the role of Chancellors. It is time to implement this principle. Governors seem to have an exaggerated (overstated, overemphasized, amplified, excessive) notion (idea, belief, concept, conception, conviction, opinion, view, thought) of their own roles under the Constitution. They are expected to defend (protect, safeguard, secure) the Constitution and may use their powers to caution elected regimes against violating (contravene, breach, infringe, break, disobey, defy, flout) the Constitution, but this does not mean that they can use the absence (lack, non-existence, unavailability) of a time-frame (a particular period of time (within which something has to be done)) for decision-making and the discretionary (optional, voluntary, up to the individual, non-mandatory, non-compulsory) space given to them to function (work) as a parallel power centre.

Courtesy: The Hindu

Important Word List With Meaning

1.constitution (noun)

Hindi Meaning - संविधान
English Meaning - body of law; system of rules; regulations, fundamental principles, charter.

2.provision (noun)

Hindi Meaning - प्रावधान, शर्त
English Meaning - clause, requirement, condition.

3.in keeping with (phrase)

Hindi Meaning - के अनुरूप, ध्यान में रखते हुए
English Meaning - consistent with, in accordance with, in agreement with, in line with, compatible with.

4.dignity (noun)

Hindi Meaning - गरिमा, स्वाभिमान
English Meaning - self-esteem, self-respect, morale.

5.claim (noun)

Hindi Meaning - दावा, बयान
English Meaning - allegation, contention, charge, submission.

6.invite (verb)

Hindi Meaning - आमंत्रण, कारण, नेतृत्व करना
English Meaning - cause, lead to, call forth, bring on, make happen.

7.withdrawal (noun)

Hindi Meaning - निकासी, रद्द करना, अमान्य करना
English Meaning - cancellation, repeal, annulment, abolition, invalidation.

8.hold (verb)

Hindi Meaning - पकड़, कब्जा
English Meaning - occupy, have (a position/post).

9.legislative (adjective)

Hindi Meaning - विधायी, नियामक
English Meaning - law-making, parliamentary, policy-making, administrative.

10.in doubt (phrase)

Hindi Meaning - शक, संदेह
English Meaning - doubtful, uncertain, open to question, unsure, unconfirmed, undecided, undetermined.

11.judicially (adverb)

Hindi Meaning - न्यायिक, कानूनी रूप से
English Meaning - legitimately, permissibly, legally.

12.doctrine (noun)

Hindi Meaning - सिद्धांत, विश्वास, नियम
English Meaning - principle, belief, rule.

13.the Council of Ministers (noun)

Hindi Meaning - मंत्रिपरिषद
English Meaning - the supreme executive organ in a government. The term is usually equivalent to the word “cabinet”.

14.context (noun)

Hindi Meaning - संदर्भ, परिस्थितियो, स्थितियों
English Meaning - circumstances, conditions, factors, state of affairs; background, situation, backdrop.

15.confrontation (noun)

Hindi Meaning - आमना-सामना, झगडा, लड़ाई
English Meaning - clash, fight, conflict, tussle, skirmish.

16.pleasure (noun)

English Meaning - satisfaction, fulfilment.

17.sack (verb)

English Meaning - dismiss, discharge, throw out.

18.in line with (phrase)

English Meaning - in alignment with; in accordance with.

19.(doctrine of) pleasure (noun)

English Meaning - The doctrine of pleasure has its origins in English law. In England, the moral rule is that a civil servant of the Crown holds office during the pleasure of the Crown. This means his services can be terminated at any time by the Crown, without assigning any reason. In India, under Article 310 even civil servants hold office at the pleasure of the President or the Governor as the case may be. That pleasure is absolute.

20.constitutional (adjective)

English Meaning - relating to the Constitution.

21.Article 164 of the constitution of India (noun)

English Meaning - Article 164 of the constitution of India deals with the appointment of the Council of Ministers and the Chief Minister.

22.aid and advice (phrase)

English Meaning - The real authority to take decisions lies in the elected government. This is the meaning of ‘aid and advice’. Titular head (Governor/Lt. Governor) has to act in accordance to aid and advice.

23.at the pleasure of (phrase)

English Meaning - used to mention that something can be done for the reason that someone needs it to be done.

24.incumbent (adjective)

English Meaning - current, existing, present.

25.on the floor/ground (phrase)

English Meaning - in a place where practical work is carried out.

26.legislature (noun)

English Meaning - law-making body or governing body; parliament, congress, council, assembly.

27.vote of confidence (phrase)

English Meaning - a vote of confidence, or a trust vote, is sought by the government in power on the floor of the House in order to prove the majority.

28.means (noun)

English Meaning - way, method, mode.

29.exercise (verb)

English Meaning - use, utilize, employ.

30.euphemism (noun)

English Meaning - an innocuous (inoffensive/harmless) or pleasant word/phrase/expression that is used as an alternative to something offensive & unpleasant; polite term, indirect term, mild alternative, understatement.

31.drop (verb)

English Meaning - dismiss, discharge, exclude, oust, kick out.

32.reluctance (noun)

English Meaning - unwillingness, disinclination, hesitation.

33.assent (noun)

English Meaning - approval, agreement, concurrence, acceptance.

34.Kerala University Laws (Amendment) Bill, 2022 (noun)

English Meaning - the University Laws (Amendment) Bill, 2022 which alters the composition of the search-cum-selection committee to appoint Vice Chancellors and effectively provide the State government greater leverage in the process. It clips the powers of the Governor in appointing Vice Chancellors to universities.

35.Bill (noun)

English Meaning - A Bill is a draft statute that becomes law after it is passed by Parliament ( for nationwide statute) / Legislative Assembly (for statewide statute) and assented to by the President. All legislative proposals are brought before Parliament/Legislative Assembly in the forms of Bills.

36.reconsideration (noun)

English Meaning - review, re-examination, reassessment.

37.instead of (phrase)

English Meaning - rather than.

38.withhold (verb)

English Meaning - stop, check; to refuse to give something; to refrain from giving permission.

39.trigger (noun)

English Meaning - cause, reason.

40.differ (verb)

English Meaning - disagree, dissent, be in dispute, be in opposition, clash, cross swords, lock horns.

41.stall (verb)

English Meaning - obstruct, impede, hinder, hamper, block, interrupt, stop.

42.legislation (noun)

English Meaning - body of laws, acts, rules, regulations, statutes.

43.unpalatable (adjective)

English Meaning - disagreeable, unpleasant, displeasing, distressing.

44.realm (noun)

English Meaning - area of activity; sphere, domain.

45.in the public domain/realm (phrase)

English Meaning - if something (e.g. information) is in the public domain, people generally know about it since it is no secret.

46.Chancellor (noun)

English Meaning - The chancellor is titular head of a state university. In almost all states, the Governor serves as ex-officio chancellor, and in this capacity appoints vice-chancellors of state universities and presides over convocation ceremonies, among other responsibilities. (As per the provisions of the Act of the concerned University, the Governor appoints the Vice Chancellor on the advice/in consultation with the State Government).

47.friction (noun)

English Meaning - conflict, discord, disagreement, dissent, opposition, clashing.

48.statute (noun)

English Meaning - Act, bill, law, decree.

49.competent (adjective)

English Meaning - capable; qualified, empowered.

50.curtail (verb)

English Meaning - reduce, diminish, decrease, cut, lower, lessen.

51.abolish (verb)

English Meaning - quash, get rid of, discard, remove, eliminate, discontinue, cancel.

52.M.M. Punchhi Commission (noun)

English Meaning - The Government of India constituted a Commission on Centre-State Relations under the chairmanship of Justice Madan Mohan Punchhi, former Chief Justice of India on 27th April 2007 to look into the new issues of Centre-State relations keeping in view the changes that have taken place in the polity and economy of India since the Sarkaria Commission had last looked at the issue of Centre-State relations over two decades ago.

53.burden (verb)

English Meaning - load, overload, trouble, disturb.

54.exaggerated (adjective)

English Meaning - overstated, overemphasized, amplified, excessive.

55.notion (noun)

English Meaning - idea, belief, concept, conception, conviction, opinion, view, thought.

56.defend (verb)

English Meaning - protect, safeguard, secure.

57.the regime (noun)

English Meaning - the government, the administration, the state.

58.violate (verb)

English Meaning - contravene, breach, infringe, break, disobey, defy, flout.