Tamil Nadu governor RN Ravi on Thursday dismissed arrested DMK minister V Senthil Balaji from the council of ministers, a move he appeared to back down from later at night, amid criticism from the state government that said the governor had no authority to do this.
Officials in Tamil Nadu chief minister MK Stalin’s office late on Thursday confirmed the governor had asked for the plan to be kept in abeyance, pending the attorney general’s legal opinion.
An official in the CM’s office confirmed, “It has been conveyed to us that the order should be kept in abeyance and that the governor’s office is reaching out to the attorney general’s office for more clarity”.
However, the drama over Ravi’s move — which experts said lacked either constitutional or legal basis — played out all day, incensing the Dravida Munnetra Kazhagam (DMK) government in the state.
A statement from Raj Bhavan said that Balaji had been abusing his position as a minister, influencing the investigation, and obstructing the due process of law and justice. “There are reasonable apprehensions that the continuation of Thiru V.Senthil Balaji in the Council of Ministers will adversely impact the due process of law including fair investigation that may eventually lead to breakdown of the Constitutional machinery in the State. Under these circumstances, Hon’ble Governor has dismissed Thiru V.Senthil Balaji from the Council of Ministers with immediate effect,” the statement added.
In response, Stalin told reporters that the Governor had “no authority” to sack a minister. “We will face it legally,” Stalin said.
DMK Rajya Sabha MP and senior advocate P Wilson added that even if the state does not take the matter to court, the Governor’s press note has no locus standi. “It’s null and void. Can a governor dismiss an entire cabinet or a minister on his own?” Wilson asked.
Indeed, the Constitution is very clear that the governor has no powers in such matters.
Constitutional experts said that the governor’s move may not withstand legal scrutiny.
“Article 164 of the Constitution says the chief minister shall be appointed by the Governor and other Ministers shall be appointed by the Governor on the chief minister’s advice,” said a former public prosecutor who did not wish to be named. He cited the recent observations of the Madras HC, in a case which sought to remove Balaji, citing Article 164.
Balaji, who held the electricity, excise and prohibition portfolios, was arrested by the Enforcement Directorate on June 14 under sections of the Prevention of Money Laundering Act (PMLA) for allegations that date back to 2014 when he was transport minister in the AIADMK government. He joined the DMK in 2018. On the day of his arrest, Balaji dramatically collapsed, undergoing a beating heart coronary artery bypass in a Chennai hospital on June 21 and has been hospitalised since. On Wednesday, his judicial custody was extended until July 12.
Ravi said that Balaji faced “serious criminal proceedings in a number of cases” including corruption, cash for jobs scam and money laundering. “Some more criminal cases against him under Prevention of Corruption Act and the Indian Penal Code are being investigated by the State Police,” Raj Bhavan said.
Tamil Nadu Speaker M Appavu said, “Under the Indian Constitution, the decision of cabinet portfolios is the prerogative of only a chief minister.” He said that he had received no prior information from the Raj Bhavan.
This is not the first conflict to erupt between Stalin and the Governor. On June 16, in another statement, Ravi had said that he “did not agree” with Balaji’s continuation in the cabinet as he faced “criminal proceedings for moral turpitude”. He had however accepted the chief minister’s recommendation for Balaji’s portfolios to be reallocated. Balaji has remained a minister without a portfolio since then.
In recent days, Ravi has also come under fire for claiming there were no bills pending with him, while a RTI application filed by The Hindu revealed that there were 13.
Most states ruled by parties opposed to the Bharatiya Janata Party (BJP) have seen relations between the central government appointed governors and the state government deteriorate. The states have alleged that governors such as Ravi serve as agents of the Central government, while the governors have , in turn, alleged misgovernance.
“The governor is the Constitutional head of the state so he has every right to appoint and dismiss ministers,” state BJP vice-president Narayanan Thirupathy told HT. “He has taken the right decision, morally and legally in dismissing Senthil Balaji. People are saying this unprecedented. Let this be the precedent. Let Stalin go to court. Let’s discuss this in court.”
