Tamil Nadu Guv puts dismissal order of Balaji on hold after Shah’s message

Hours after Tamil Nadu Governor R N Ravi wrote a five-page letter to Chief Minister M K Stalin explaining in detail his decision to dismiss minister V Senthil Balaji from the Council of Ministers, he has put on “abeyance” his action after receiving a message from Union Home Minister Amit Shah.

Shah’s message to Ravi was that he should seek the opinion of Attorney-General R Venkataramani on the matter before deciding in a haste. Within minutes of receiving Shah’s message, Ravi sent a second letter to Chief Minister M K Stalin late Thursday night informing him of his decision to put the dismissal on hold and on whose intervention it was taken.

“In this regard, I have been advised by the Hon’ble Union Minister of Home Affairs that it would be prudent to seek the opinion of the Attorney General also. Accordingly, I am approaching the Attorney General for his opinion. Meanwhile, the order of dismissal of the minister V Senthil Balaji may be kept in abeyance until further communication from me,” Ravi wrote.

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It is not clear whether the Governor acted unilaterally without consulting the Union Government and legal experts before “dismissing” Balaji.

The Governor’s first letter created a major political storm with Stalin saying Ravi doesn’t have the powers to dismiss Balaji and that the government will face the issue legally. In the letter, the Governor said he was using the powers conferred to him under Articles 154, 163, and 164 of the Constitution to dismiss Balaji from the Council of Ministers.

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.

However, former Lok Sabha Secretary-General P D T Achary told DH that the Article cannot be interpreted in a way 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 Minister,” he added.

In the letter, a copy of which was accessed by DH, the Governor recalled his writing to Stalin on May 31, 2022, asking him to drop Balaji from the Cabinet following Supreme Court ruling out any stay on investigation into cases against him.

“Instead of taking my advice in fair spirit, you responded with an inflammatory letter in which you, instead of giving due consideration to my advice, used intemperate languages and accused me of overstepping my Constitutional limits. Your response disappointed me – to say the least,” the Governor said in the first letter.

Ravi also went on to add that Stalin once again ignored his suggestion to remove Balaji from the Cabinet despite his objection and issued a 'GO' retaining him as a minister without portfolio. Blaming the CM for not acting against Balaji, the Governor pointed to incidents of physical assault on officials of the Income Tax allegedly by supporters of the minister during the raid in Karur on May 28.

“I am conscious of the fact that under ordinary circumstances, a Governor acts on the aid and advice of the Council of Ministers. However, in the instant case your advice or to put it more appropriately your insistence to retain Thiru V Senthil Balaji against my advice as a member of the Council of Minister reflects your unhealthy bias,” the Governor added.