Cherian had been forced to step down as Culture and Fisheries Minister in July last year following his controversial remarks against the Constitution which put the Government in the dock.

Kerala Governor Arif Mohammed Khan, who had reservations on Cherian’s re-induction, changed his decision later to give the green signal for his re-entry. The Governor, reports have it, said the responsibility for any legal setbacks the minister may face in future was fully with the Government. The Governor relented after Chief Minister Pinarayi Vijayan rang him up and explained the Government’s justification for re-inducting Cherian into the Cabinet. The Governor changed his stance also because of the Kerala High Court’s recent ruling that there was insufficient ground to for disqualifying Cherian as a legislator. The law, said the ruling, does not prevent a legislator from being sworn in as a minister.

The Governor, it may be mentioned, had initially taken a hardline in the matter. He felt that Cherian’s re-induction was not a ‘normal’ case and that he would not be bound by the Chief Minister’s recommendation. Khan’s stand was that Cherian’s re-entry was not a normal induction into the Cabinet. In normal circumstances, it is essential for the Governor to accept the recommendation of the Chief Minister. But this is not a normal case, the Governor argued, adding that he was not being inducted for the first time. This is a totally different case. The charge against Cherian was that he had lowered the dignity of the Constitution.

But, then, Arif Mohammed Khan grudgingly accepted the CM’s recommendation following legal advice. The lawyers contended that his refusal to swear Cherian in would be interpreted as a political decision against the LDF Government, especially at a time when his relations with the CM and his government were strained. It would also lead to a constitutional crisis. Therefore, it is better to go by the CM’s advice and ensure Cherian’s re-entry. This explains the Governor’s climb-down. “Whatever advice I have given to the government, I have to accept the Chief Minister’s counsel ultimately.” That was the statement the governor made. It is also significant to note that the Governor executed a U-turn after the Chief Minister had a meeting with Prime Minister Narendra Modi in New Delhi recently.

The ruling CPI(M) chose to defend Cherian’s re-induction on the ground that the Kerala High Court had dismissed a petition seeking to disqualify Cherian as an MLA. The SC had ruled that Cherian can stay as an MLA, according to a CPI(M) secretariat member. Also, Cherian has not been punished for the controversial remarks. The police report has also given him a clean chit. Therefore, an MLA who has not been punished nor disqualified can become a minister.

The opposition, however, was unsparing in its criticism of the decision to bring back Cherian as a minister. The decision, opined leader of the Opposition, V D Satheesan, amounted to an insult to the Constitution. Cherian, he said, had lost the ministerial berth six months ago for speaking against the Constitution. None of the courts, including the Magistrate court and the High Court, where petitions against him are pending, have given Cherian a clean chit. The Congress-led United democratic Front(UDF) was also critical of the Governor’s stance. The Governor and the Government, he alleged, were hand in glove on all issues including the row involving universities. They will pretend that they are at odds with each other. But there are intermediaries (read state-level BJP leaders) who will intervene and resolve all issues, Satheesan added.

The opposition does seem to have a point. True, he has given the go-ahead. But is the minister out of danger? A petition is pending against him in the High Court seeking a CBI inquiry against him. If the High Court verdict goes against Cherian, it would push the government back onto the defensive. That possibility cannot be ruled out altogether. This being the grim reality, the Government has taken a calculated risk by rushing through the decision to re- induct him into the State Cabinet. The ball is now well and truly in the High Court’s court. (IPA Service)