The action of the Kerala governor in allowing the CBI to prosecute the earlier minister on corrpution charges is unconstitutional. Ofcourse the person in question may be corrupt, but that doesn't empower the governor to act in his discretion. He acted clearly against the suggestion of the council of ministers who gave the advice that CBI should not be allowed in prosecuting Vijayan. Council of ministers based their opinion on the recommendations of the Advocte general and the material submitted by the CBI.
It is well settled and recognized that the Governor can't act in his discretion. He can do nothing without the advice of the council of ministers and can not do anything against the advice of the council of ministers. Ofcourse the circumstances allowing the Governor to act in his discretion are mentioned in the constitution and they are very much limited.
The governor's intensions may be good, but the path choosen by him is not in conformity with the rule of law. These kinds of acts reminds us to the fact that governors are acting merely on the advice of the centre and if the political party at the centre is in opposition at the state level, this use of governor is becoming a tradition.
There should be an end to this practice to uphold our federal setup and constitution at a respectable level in which the centre and state derive their power eaually from the constitution.
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