Opposition to raise former Governor Arlekar’s action on PSC in Assembly: Pinarayi Vijayan

Leader of the Opposition Pinarayi Vijayan has said that the Opposition will demand a discussion in the Assembly on former Keralam Governor Rajendra Vishwanath Arlekar’s “unilateral” recommendation to remove the Kerala Public Service Commission (PSC) chairperson and members.

The CPI(M) veteran cited reports which claimed that the recommendation had been made to the President of India for the first time in the State’s history. The Governor had allegedly exercised excessive powers even before the report of the investigation announced by the State government into the PSC’s functioning had been completed. The ongoing Crime Branch has not found any lapses on the part of the PSC chairperson or members thus far, he said in a statement.

According to Mr. Vijayan, the Governor could take decisions relating to administration only in accordance with the aid and advice of the Council of Ministers under Article 163 of the Constitution. Under such circumstances, the former Governor’s action was “unusual and unconstitutional”, he said.

Referring to Article 316, the Opposition leader stated that PSC members have a tenure of six years. Their removal required compliance with the procedure prescribed under Article 317. According to him, the President could take a decision on their removal only after an inquiry by the Supreme Court and the submission of its report.

Asserting that the Crime Branch probe was still at a preliminary stage, he questioned the evidence on which the conclusion to recommend their removal had been reached. Referring to media reports that claimed that the Governor had obtained a report from the investigation officer and sent it directly to the President, Mr. Vijayan questioned what report the Governor could have obtained at a time when the questioning of the PSC chairperson and members had not begun.

Mr. Vijayan said the move was a clear violation of the law and could not be accepted by the State government within the federal framework. He urged the government not to accept the action, warning that doing so could lead to similar interventions in several matters in the future.

He also cautioned that the government would have to pay a heavy price if it supported the purported legal violations being carried out by the BJP-led Union government through Governors.