In an unprecedented move, Tamil Nadu Governor R N Ravi on Thursday “dismissed” V Senthil Balaji from the cabinet citing his arrest by the Enforcement Directorate (ED) in a cash-for-jobs scam, but put the decision in “abeyance” within hours, even as his action stoked a major political row.
The Governor, according to highly-placed sources, wrote a second letter to Chief Minister M K Stalin on Thursday night to inform that he has put “on abeyance” his decision to “dismiss” Balaji from the Council of Ministers, which was conveyed in the first letter written Thursday evening.
“The Governor, in the second letter, said he has sought the opinion of the Attorney General on the matter. For now, Senthil Balaji stays as a minister (without portfolio) and this is the inference from the second letter written by the Governor,” a source in the know told DH. It is believed that the Governor’s second letter came after the Union Government intervened.
The source also added that the first letter by the Governor conveying his decision to sack Balaji from the cabinet might not stand legal scrutiny as the Raj Bhavan is bound by the advice of the Council of Ministers.
The Governor’s action and instant U-turn are bound to set the stage for yet another confrontation between the Raj Bhavan and Fort St George, the seat of power of the Tamil Nadu government. The governor and the government have been at loggerheads with each other on a host of issues, including the appointment of Vice-Chancellors to state-funded universities.
The issue began with the Raj Bhavan issuing a press statement at around 7.20 pm saying “The Governor has dismissed Thiru V Senthil Balaji from the Council of Ministers with immediate effect.”
Balaji, who was arrested by the ED on June 14 in a case relating to receiving bribes from job aspirants in lieu of jobs during his 2011-2015 tenure as Transport Minister in the erstwhile AIADMK government, was made a Minister without Portfolio despite the Governor’s objection by the state government.
“There are reasonable apprehensions that 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,” the statement added.
However, Constitutional experts told DH that the Governor has erred by dismissing a minister on his own without the recommendation of the Chief Minister after wrongly interpreting Article 164 of the Constitution.
“The Governor cannot remove a minister on his own. He can do so only at the recommendation of the Chief Minister,” P D T Achary, Former Lok Sabha Secretary-General and a Constitutional expert, told DH.
“If the Governor is allowed to remove ministers on his own, he can dismiss any number of ministers at his will. This (dismissal by the Governor) is not permitted by the Constitution,” Achary added.
Echoing Achary’s views, senior Supreme Court advocate Sanjay Hegde said the Governor is constitutionally in the wrong.
”We have a Parliamentary system and not a Presidential one. Governor's and Presidents reign, they do not rule. To cite Justice Krishna Iyer in Shamsher Singh's case, "not the Potomac, but the Thames, fertilizes the flow of the Yamuna. if we may adopt riverine imagery,” Hegde told DH.
On his part, Chief Minister M K Stalin said the Governor does not have powers to remove Balaji and vowed to approach the courts to seek legal recourse.
Alliance partners of the DMK pointed to the Governor’s decision coming immediately after his arrival from New Delhi, alluding that the Union Government could be behind it.
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, and adds that the Ministers shall hold office during the pleasure of the Governor.
“But it cannot be interpreted that the Governor can withdraw the pleasure on his own. He can do so only at the recommendation of the Chief Minister, who represents the Council of Ministers,” Achary said.
Justice (retired) D Hariparanthaman too spoke in the same vain, calling the Governor’s act of dismissing Balaji as “not valid.” “The Governor may have a view and he may even express it, but he cannot decide (on a minister) without consulting the Chief Minister. He is bound by the advice of the Council of Ministers,” he added.
It may be noted that the first bench of the Madras High Court of Chief Justice Sanjay Vijaykumar Gungapurwala and Justice P D Audikesavalu had on Monday while hearing PILs challenging Balaji’s continuance in the Cabinet, had wondered whether the governor is vested with powers to dismiss a minister.
The Governor had opened several fronts with the DMK government in the past including walking out of the Assembly in a huff after Stalin had in January moved a resolution taking on record only the prepared speech of Ravi on the first session of the year during which he skipped several portions.
The DMK and its allies have been demanding the ouster of Ravi saying he has been acting against the Constitution.