THIRUVANANTHAPURAM: Legal experts are divided over the legality of the Governor's warning that he will withdraw the ministers if they lower the dignity of the Governor's post. Retired High Court judge Justice B Kemal Pasha said the Governor has the constitutional power to remove a minister who remains in favour of the Governor.

"The Governor can withdraw the ministers by pointing out that they are obstructing him from performing constitutional duties. The government cannot file a case against the Governor if he withdraws a minister using discretionary powers," Kemal Pasha said.

Meanwhile, former Secretary General of the Lok Sabha PDT Acharya said that the Governor does not have the power to cancel the post of minister at his own will.

"The Governor can take decisions on such matters only on the instructions of the Chief Minister. According to the Constitution, the Governor has no power to remove ministers without the approval of the Chief Minister. There will be no obstruction if the Governor removes a minister with the permission of the CM. It will be a parallel administration if the Governor removes the ministers on his own. The Governor has no authority to interfere in the administration," he said.

Supreme Court lawyer MR Abhilash responded that the Governor cannot withdraw the ministers without the advice of the Chief Minister.

"The Cabinet is responsible to the Legislative Assembly. A minister can be removed only on the instructions of the Chief Minister. The Governor cannot remove a minister citing political or personal reasons. If he does so, it is like sabotaging a democratically elected government," he said.

Former Law Secretary BG Harindranath said that the Governor can act only on the recommendation of the Chief Minister. Some other legal experts stated that the government can approach the court if the governor removes the minister on his own. Under Article 356, the Governor can recommend to the President to dissolve the Government. But the President has to take the final decision in this regard.