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The ruling DMK of Tamil Nadu on Friday firmly asserted that the appointment and removal of ministers is the sole prerogative of the Chief Minister and criticized Governor RN Ravi for his move (Image: Twitter)
Explanation: In an unprecedented move, the governor of Tamil Nadu RN Ravi on Thursday sacked the arrested minister Senthil Balaji from the cabinet, later backing down.
The Communist Party of India (Marxist-Leninist) Liberation, the coalition partner of the Grand Alliance government in Bihar, on Friday demanded the dismissal of Tamil Nadu Governor RN Ravi for “violating his jurisdiction”. In an unprecedented move, Ravi on Thursday refused to “with immediate effect” arrest Minister V. Senthil Balaji of the Cabinet to retract his decision late at night.
Rafi decided to keep Senthil Balaji’s dismissal order pending for the time being and informed Prime Minister MK Stalin about it, TAP reported.
How did DMK react?
The ruling DMK of Tamil Nadu on Friday firmly asserted that the appointment and dismissal of ministers is the sole prerogative of the chief minister and criticized Governor RN Ravi for his move to remove V Senthil Balaji from the Stalin-led cabinet, which was later. Retracted on the advice of the Federal Ministry of the Interior on this matter.
Finance Minister Thangam Thenarasu said that the Tamil Nadu government was “ignoring” the governor’s action to dismiss Balaji, and said that Stalin would write a detailed letter to Ravi on the matter. The party also said it may weigh all legal options and factors related to Ravi’s work. Which has been criticized by allies of the ruling party as well as others.
Addressing the press here with Law Minister S Riggupati and Rajya Sabha member P. Wilson who is also an advocate, Thenarasu earlier mentioned Stalin saying that the governor had no right to dismiss Balaji and the issue would be faced legally.
Can the governor dismiss a minister?
Article 164 (1) of the Indian Constitution specifies the appointment of the Prime Minister and other ministers. The prime minister is appointed by the governor, and other ministers are appointed by the governor on the advice of the cabinet. It is important to note that ministers hold office “at the discretion of the ruler.”
Constitution expert PDT Acary Tell India today That the Governor act upon the assistance and advice of the Prime Minister. The ruler can only dismiss the government if it loses the majority and refuses to step down.
In the event of a governor’s decision to unilaterally dismiss a minister, legal experts, according to the report, indicate that the affected government can go to court. They believe the governor’s action is contrary to the constitution, and will challenge the decision in the appropriate legal forum.
said attorney KV Dhananjay India today that while the governor can recommend the dismissal of the state government to the president based on the political situation, it is the president who ultimately has the final say. However, the dismissal of a minister from the cabinet is not within the scope of the ruler’s powers. The Governor must act on the assistance and advice of the elected Prime Minister.
Senior advocate Sanjay Hegde maintained, according to the report, that the governor’s actions were constitutionally incorrect. India follows a parliamentary system, not a presidential one. Governors and presidents have a symbolic role, and elected officials, such as the prime minister, have the power to govern.
Important provisions
The case of Shamsher Singh v Punjab State saw a seven-judge ruling from the Supreme Constitutional Court that there was no parallel administration within the state by allowing the governor to go against the advice of the cabinet. This means that the governor does not have to act independently and follow the advice of the Council of Ministers as stated in India today a report.
In the case of Sanjeevi Naidu v. Madras State, it was held that the Governor is primarily a constitutional head, and that the Cabinet actually runs the government. Decision-making power rests with the Council of Ministers, and matters over which the Governor is called upon to exercise discretion must be decided by the Council of Ministers.
In Nabam Rabia v. Deputy Speaker and Owers in 2016, the Supreme Court reaffirmed that the Governor can only act on the advice of the Cabinet. This means that the ruler’s actions must be in line with the advice given by the elected government and its ministers, the report said.
PTI contributed to this report
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