TN governor dismisses minister in unprecedented order, then takes back decision
In a first-of-its-kind decision in recent memory, Tamil Nadu Governor RN Ravi had, on Thursday, dismissed V Senthil Balaji from the council of ministers without consulting Chief Minister MK Stalin.
The contentious decision led the chief minister to announced that the government will go to the court against this order. He told the press that (translated from Tamil) “the Governor does not have the powers to dismiss him. We will face this legally”.
Then, in a late-night about-turn, as reported by NDTV at 11.50 pm, Governor Ravi took back the contentious order, with sources in the Governor’s office saying that he was consulting the state attorney-general on the matter and the decision was on hold.
This order of dismissal came amid the BJP government-appointed governor’s bitter standoff with Tamil Nadu’s DMK government over several issues, the most notable manifestation of which has been his refusal to sign into law several bills passed by the state assembly.
Legality, or not, of the governor’s order
Balaji, who was arrested two weeks ago and is in jail amid criminal proceedings in an alleged cash-for-jobs scandal, had been retained as a minister without portfolio, a decision that the governor had decided to unilaterally override.
The reason for the dismissal given in the governor’s order document was that he was “facing serious criminal proceedings in a number of cases of corruption” but as he continued to be a minister, he was “influencing the investigation and obstructing the due process of law and justice”.
But the question naturally arises: Can a governor dismiss an individual minister from the cabinet without consulting the chief minister?
Bombay High Court lawyer Mathew Antony has succinctly explained in a tweet that the order does not conform to the Constitution:
“Article 164 (1) of the Constitution gives the power for the governor to appoint the CM. Then on the CMs advice the governor appoints the cabinet.” But as per Articles 153-161, which describe the position, role, powers, and conditions of the office of the governor, “At any point the governor finds issues with the satisfaction of his office he can dismiss the government, however there are no provisions in the Constitution where the governor can withdraw his pleasure on an individual minister.”
