The main responsibility of the Governor is to fulfil the Constitutional duties. The main duty in that is to ensure that there occurs no constitutional crisis. When no fronts get majority in an election, the intervention of the Governor is paramount. Governor is not the person who decides the Chief Minister. It is the legislative party which attained the majority who decides the CM. The ministers are decided by the Chief Minister.

The Governor has no right to avoid a person on the list that the Chief Minister gives. At the same time, the Governor can give an explanation to the Central Government that the law order in the state has deteriorated and suggest that the government be dismissed. According to the 356th article of the constitution, that right rests with the President. It is by the recommendation of the Union Cabinet that the President dismisses a state government and imposes Presidential rule.

The Chief Minister has sent a letter to the Raj Bhavan seeking permission for the swearing in of Saji Cheriyan in to the Cabinet again. The Governor has not still replied to it. Saji Cheriyan had resigned for insulting the Constitution.

Saji Cheriyan later said that he has no disrespect for the Constitution. If the CM feels that his explanation is satisfactory then there is no legal block for Saji Cheriyan to enter the Cabinet. The case at the Thiruvalla court need not be mixed with the authority of the CM. Until the verdict comes from a court, no accused can be said to be guilty. As per our system, it will take years for a verdict to come in a case. At that time, the left front might not be in power itself. In this matter the Governor must not try to use a power he doesn’t have.

The Governor must start the proceedings to conduct the swearing in ceremony requested by the CM. The Cabinet do not have the responsibility to give more explanation in this matter. Saji Cheriyan had resigned by the instruction of the CM. That same CM has the authority to install Saji Cheriyan as minister again. Therefore, it is the duty of the Governor not to create a Constitutional crisis.