Question

The constitution says that the state council of ministers hold office during the pleasure of the governor. The word during the pleasure of the governor in reality means ____________________.
A) Pleasure of the president
B) Pleasure of the Prime minister
C) Pleasure of the Chief minister
D) Pleasure of the Legislative assembly

Answer 1

Hint: On the advice of the Chief Minister, the governor can dismiss a minister but not the whole ministry or council collectively. The Pleasure of the governor for the state council of ministers usually indicates backing by a majority in the legislative assembly too.

Complete answer:
The doctrine of pleasure originated in England as a special prerogative (or right/ privilege) of the British crown. Under the law a servant of the crown holds office as per the crown and can be dismissed at the crown's will or pleasure.The doctrine of pleasure in India is embodied in Article 310 (1) of the constitution. The doctrine is accepted in India partially as compared to the one accepted under the crown and is subjected to the provisions given in Article 311.

ARTICLE 310 (1) states: except the provisions provided (or expressly excluded) by the Constitution, every person who is a member of a defense service or of a civil service/ of an all India service/ holds any post connected with defense/holds any civil post under the Union, holds office during the pleasure of the President. Also, every person who is a member of a civil service of a State or holds any civil post under a State holds office during the pleasure of the Governor of the State.

A) Pleasure of the president – in India the Attorney General, Civil Services Personal, Prime Minister and Council of Ministers serve at the pleasure of the President.
B) Pleasure of Prime minister - the PM determines the general direction of the nation’s government related activities & holds office at pleasure of president.
C) Pleasure of the chief minister – the CM holds office under the pleasure of the governor and can advise him on different matters.
D) Pleasure of legislative assembly - The Constitution vests in the governor the executive powers of the state government, i.e. the Council of Ministers will remain in power during the 'pleasure' of the governor, but in the real sense it means the pleasure of obtaining a majority in the Legislative Assembly.

Thus, the correct answer is Option (D) Pleasure of the Legislative assembly.

Note: In all cases of dismissal of a ministry or a minister or Chief Minister, the decision of the Governor is final and cannot be challenged in any court of law. Other responsibilities of the governor include working as chief executive officer of the state & is responsible for implementing state laws etc.