Former Keralam Governor Arlekar recommends President to remove PSC chairperson; Opposition LDF calls move unconstitutional

In an unprecedented move, former Keralam Governor Rajendra Vishwanath Arlekar has reportedly recommended to the President the removal of Kerala Public Service Commission (PSC) chairperson M.R. Baiju over alleged irregularities in the running of the recruitment body.

The recommendation came out in the public domain hardly a few days after he left the State and was succeeded by Om Prakash Mathur as the Governor. He is learnt to have sent a communication to President Droupadi Murmu in this regard a week before he was relieved of his duties.

A Crime Branch investigation into the alleged irregularities in the PSC examination for certain posts in the State Planning Board is currently progressing.

Criticising the move, Leader of the Opposition Pinarayi Vijayan said that the recommendation to remove the PSC chairperson and dissolve the commission is unlawful, a violation of constitutional provisions, and a gross abuse of power. Under Article 317 of the Constitution, the President can remove a PSC chairperson or member on grounds of misbehaviour only after the Supreme Court, following an inquiry, has reported that they should be removed.

"No such inquiry has been conducted by the Supreme Court regarding the members of the Kerala PSC. Consequently, the Governor possesses no constitutional authority to make such a recommendation. It appears that the former Governor has made this recommendation as a final act—a continuation of the unlawful interventions he has made in the State throughout his tenure. This is a conspiracy to undermine the credibility of the entire system by alleging irregularities in a single instance of recruitment," he said

He further said that Article 163 unequivocally states that the Governor can only act in accordance with the aid and advice of the Council of Ministers. This implies that the Governor possesses no independent authority in this regard. Furthermore, under Article 317, the Council of Ministers cannot take any such decision except on the basis of a report following an inquiry by the Supreme Court. The action taken by the Governor is entirely unconstitutional and unlawful, he said.

Mr. Vijayan said that the move raises concerns about the use of Lok Bhavans for the Bharatiya Janata Party’s (BJP) political agenda. There is no precedent in Keralam of approaching the PSC with a motive of political vendetta. The Congress-led United Democratic Front (UDF) government must clarify its stand and unequivocally oppose any attempt to bypass constitutional procedures or undermine institutional autonomy, he said in a statement.

"Does the government intend to use this unlawful act by the Governor as a pretext to dissolve the existing PSC—driven by political partisanship and prejudice—thereby aligning itself with the Governor’s move? Or is it prepared to condemn the Governor’s stance? On the other hand, if the government intends to provide support—whether directly or indirectly—to the unlawful actions of the Governors, it will have to pay a heavy price. Such a move would pave the way for authoritarian tendencies," said Mr.Vijayan.