India

Kerala Minister who had to quit for vilifying Constitution back in office

Kumar Chellappan

Saji Cherian, CPI(M) leader, who had to resign from the Council of Ministers on July 6, 2022, following his outbursts against Indian Constitution, was sworn-in as Minister again on Wednesday. Cherian made a grand return to the office in Government Secretariat at the capital city within minutes of the swearing-in function accompanied by his wife, children and party workers.

Governor Arif Mohammed Khan, administered the oath of office and secrecy to Cherian who swore on the Constitution. It was his speech in which he used allegedly ‘derogatory terms’ that made him submit his resignation. But the cops who inquired into the allegations gave a clean chit to the Marxist leader paving the way for his return to the council of ministers.

“This is a document drafted to swindle billions of poor and create billionaires like Ambani and Adani. The last 75 years saw the Constitution exploiting the poor and making the rich richer,” Cherian had said while addressing a party meeting in Alappuzha district on July 3. There were widespread protests against Cherian’s statement. M K Kunjol, octogenarian Harijan leader, described the outburst by the minister as an insult to Dr B R Ambedkar, the architect of Indian Constitution.

The Governor himself had taken strong reservation against the statement and it was reported that he made his displeasure known to Chief Minister Pinarayi Vijayan. Within two days, Cherian tendered his resignation and told the media that he stands by what he had said in the meeting.

It is reported that the Governor had told Vijayan that he was agreeing to swear -n Cherian as minister as part of his Constitutional obligation. A case filed against the speech made by Cherian is under the consideration of the Court. “The Governor has told the chief minister that the former would not be responsible for any adverse verdict made by the Court ,” a source close to the Governor told The Pioneer.

Wednesday’s swearing in was boycotted by the Congress-led Opposition parties. “A sense of uneasiness was palpable as the Governor remained stiff throughout the function,” said a close aide to the Governor.

Constitutional expert Dr K P Kylasanatha Pillay, is of the view that Cherian had scandalized the Constitution. “But the Governor has no other option but to appoint him as minister because it is the prerogative of the chief minister to decide whom he wants as ministers,” Dr Pillay told this newspaper.

K Ramkumar, a highly venerated senior advocate of Kerala High Court said that though  it was legally right to re-induct Cherian in the council of ministers, the action was morally wrong. “He has vilified the Constitution and that is a fact. But the police that probed the charge has acquitted him of all charges,” said Adv Ramkumar.