Tamil Nadu Governor under fire for sacking Senthil Balaji; DMK to move court, but others cite Article 164 (1)
Tamil Nadu Chief Minister MK Stalin criticized Governor RN Ravi's decision to remove Senthil Balaji from the council of ministers, asserting that the Governor does not have the power to dismiss a minister. Opposition leaders voice support for Stalin, condemning the move as a violation of the Constitution.
FollowTamil Nadu Chief Minister MK Stalin has slammed Governor RN Ravi's decision to remove Senthil Balaji from the state Council of Ministers. Reacting to the Governor's decision, Stalin said, "Governor has no power to remove minister. Let's meet legally."Â The Governor had dismissed Balaji on the grounds that as a minister, the latter was 'abusing his position' and 'influencing the investigation' and 'obstructing the due process of law and justice'.
The Governor further observed that there were reasonable apprehensions that the continuation of the former electricity and prohibition minister in the council of ministers will 'adversely impact the due process of the law' and may eventually lead to the 'breakdown of the Constitutional machinery' in the state.
The Opposition rallied in support of the DMK leader, who is currently in judicial custody in connection with a Prevention of Money Laundering Act (PMLA) probe in a case going back to 2014 when he was transport minister under the previous All India Anna Dravida Munnetra Kazhagam (AIADMK) government.
Communist Party of India-Marxist leader Sitaram Yechury took to Twitter to say, "The depths to which the Constitution of India is being buried is appalling. Modi govt’s destruction of our Secular Democratic Republic must be resisted & defeated."
Trinamool Congress national spokesperson Saket Gokhale said that the Governor's deicision to sack Balaji without even consulting the chief minister was an absolute violation of the country's Constitution.Â
Rashtriya Janata Dal MP Manoj Jha claimed that the Tamil Nadu governor acted as per the 'diktat from Delhi'. He has violated the constitutional scheme of things, Jha said, adding that the BJP is committing acts for which there is no provision in the Constitution.
Article 164 of the Constitution
Can the Governor sack a minister? A reading of Article 164 of the Indian Constitution clears the air on this. Article 164 of the Indian Constitution pertains to the appointment of Ministers in the State Governments. Section 1 of Article 164 states: The Chief Minister shall be appointed by the Governor and the other Ministers shall be appointed by the Governor on the advice of the Chief Minister, and the Ministers shall hold office during the pleasure of the Governor.
The clause has stoked a debate on whether or not the Governor's decision will stand the legal test.Â
Congress leader Manish Tewari, who is also a Supreme Court advocate, took to Twitter: "If your reference is too “… and the Ministers shall hold office during the pleasure of the Governor: that pleasure can not be exercised by the Governor de-horse the advice of Chief Minister. The Governor has acted Unconstitutionally."
Some users also opined that if the government enjoys a majority in the House, the Governor cannot withdraw his pleasure. The pleasure of the Governor is co-terminus with the majority in the House.
