In context of the recent tussle between the Governor of Kerala and the State government, explain the doctrine of pleasure.

Recently, Kerala Governor and the state government of Kerala have come face to face on several issues. The controversy started after the Governor sought the resignation of several vice chancellors following a Supreme Court judgement. This has sparked the debate around the doctrine of pleasure.

Doctrine of Pleasure:

• This concept is derived from the English law, according to which the crown can dispense with the service of anyone at any time.
• In the context of India, Article 310 of the Indian Constitution provides that every person in defence or civil services of the union holds office during the pleasure of the President.
• Similarly, every member of the state’s civil services holds office during the pleasure of the governor.
• However, in practical terms the pleasure of the President is that of the union government and in the case of the state, it’s the state government.
• The article 164 provides that the chief minister is appointed by the governor and other ministers are appointed by the governor on chief ministers advice.
• According to the Constitution, the ministers hold office during the pleasure of the governor. However the term ‘pleasure’ refers to the right of the chief minister to dismiss a minister. It means that the governor cannot dismiss a minister on his own.

Way forward:

To avoid the confrontation between the governor and the elected state governments, and hold the spirit of federalism alive, the recommendations of the Sarkaria commission should be adhered to.

Topics: GS-II: Salient Features Significant Provisions of Constitution • GS-II: Parliament and State Legislatures in India