Governor’s move
The context of the Supreme Court of India judgment in 1979 is something different as the person in question was a Chief Minister and the case related to the question whether the Chief Minister is a public servant or not (Inside pages, “Appointment authority is also dismissing authority, said SC in M. Karunanidhi vs Union of India”, June 30). What is stated in the judgment is purely an opinion of the judges on an issue not directly connected to the case. It is an obiter dictum.
Even for argument’s sake, if one could say by citing the above judgment, that the appointing authority is also a dismissing authority, then the very appointment of a Minister is made on the advice of the Chief Minister. When it is clear that the appointment of the Minister is made on the advice of the Chief Minister, then the dismissal should also be only on the advice of the Chief Minister. The Governor, for whatever reason it might be, cannot dismiss a Minister arbitrarily without the advice of the Chief Minister.
