Senthil Balaji’s sacking brings Governor’s role into spotlight

Tamil Nadu CM MK Stalin protest against Governor RN Ravi’s move finds resonance among Opposition parties

CHENNAI | Updated: 30 June, 2023 1:28 pm IST
Congress has request the President to dismiss Tamil Nadu Governor RN Ravi for illegally dismissing minister Senthil Balaji.

CHENNAI: Tensions between the Tamil Nadu government and Governor RN Ravi reached a boiling point on Thursday evening when the Governor dismissed arrested minister Senthil Balaji from the council of ministers owing to criminal charges against him.

However, just hours later, the Governor’s House announced that the decision had been put on hold, and Ravi would seek advice from the attorney general.

Tamil Nadu chief minister MK Stalin asserted that the Governor had no authority to remove a minister, vowing to address the issue through legal means.

Congress MP and advocate Manish Tewari argued that the President should remove the Tamil Nadu Governor, as no lawyer would advise him to dismiss a minister before charges against him are proven. “No sane bureaucrat, let alone a sane lawyer, would have advised Mr. Ravi that the Constitutional scheme allows him to dismiss a minister. According to criminal jurisprudence, one is presumed innocent until proven guilty,” he said.

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Citing Article 164 of the Indian Constitution, Tewari emphasized that a minister can only be removed based on the advice of the chief minister.

Congress spokesperson Supriya Srinate tweeted, “Governors cannot operate parallel governments from Raj Bhavans. It’s as simple as that. In solidarity with @mkstalin Sir and Tamil Nadu’s elected government.”

“Currently, he is in judicial custody in a criminal case being investigated by the Enforcement Directorate (ED). The police are also investigating additional criminal cases against him under the Prevention of Corruption Act and the Indian Penal Code. There are reasonable concerns that the continued presence of Thiru V Senthil Balaji in the council of ministers will adversely affect the due process of law,” read a press release from the Raj Bhavan.

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No further statement was issued, but it was later communicated that the decision had been suspended.

The Aam Aadmi Party (AAP) issued a statement denouncing Governor RN Ravi’s action as “blatantly unconstitutional,” asserting that such decisions fall exclusively under the jurisdiction of the chief minister.

Trinamool national spokesperson Saket Gokhale highlighted that, in addition to Article 164 of the Constitution, a Supreme Court ruling states that Governors cannot exercise their constitutional functions without consulting the chief ministers. Gokhale stated, “In this case, it is evident that the Governor made the decision unilaterally. This fight is for all opposition parties, aimed at safeguarding our Constitution and democracy.”

RJD MP Manoj Jha suggested that RN Ravi must have received instructions from Delhi, but the Constitution does not provide for such action.

The BJP, on the other hand, defended the Governor’s decision, asserting that RN Ravi had the right to dismiss Senthil Balaji and had provided valid reasons for doing so.

Senthil Balaji was arrested on June 14 in connection with a cash-for-jobs scam. He was immediately admitted to a hospital after complaining of chest pain and subsequently underwent bypass surgery on June 21.

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