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Pinarayi Vijayan alleges constitutional violation in Governor’s move against Kerala PSC

Thiruvananthapuram, Oct 25 (UNI) Opposition leader in Kerala Assembly Pinarayi Vijayan on Sunday accused former State Governor Rajendra Arlekar of constitutional overreach over his recommendation to the President for removing the Kerala Public Service Commission (PSC) chairman and dissolving the Commission.
Describing the move as unconstitutional, illegal and an abuse of authority, Vijayan said the Governor had no power to seek such action without following the procedure laid down in the Constitution. He also demanded that the state government make its position clear on the recommendation.
Citing Articles 316 and 317 of the Constitution, Vijayan said PSC members had a prescribed tenure of six years and could be removed on grounds of misbehaviour only through the constitutionally mandated process involving an inquiry by the Supreme Court and a report to the President.
No such inquiry had been conducted against the Kerala PSC chairman or its members, he said, arguing that the Governor's recommendation lacked constitutional justification.
Vijayan also referred to Article 163, which governs the Governor's exercise of powers on the aid and advice of the Council of Ministers. He maintained that neither the Governor nor the state government could bypass the safeguards prescribed under Article 317 to remove PSC members.
Alleging that the outgoing Governor's move was part of a pattern of unconstitutional interventions, Vijayan said the independence and continuity of the Commission should not be compromised for political considerations.
The PSC was a continuing institution, and changes in government did not ordinarily result in the removal of its chairman and members before the completion of their tenure. Successive governments had followed the practice of appointing new members as vacancies arose, he said.
Questioning the UDF government's stand, Vijayan asked whether it supported the Governor's reported recommendation or would condemn it. He alleged that the BJP was using Governors as instruments of the union government to interfere in the federal powers of states.
He further questioned whether the state government intended to use the controversy as a pretext to dismantle the existing Commission on political grounds, warning that any support for unconstitutional actions could encourage authoritarian tendencies.
Defending the PSC's functioning, Vijayan said the Commission had successfully undertaken recruitment and facilitated government appointments for lakhs of job aspirants over the past decade.
He alleged that attempts were being made to undermine the credibility of the entire institution by projecting allegations of irregularities in individual recruitments as grounds to discredit the Commission. Such efforts should be collectively resisted, he said.
UNI DS
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