TN governor takes back dismissal of jailed DMK minister: Report
What's the story
Tamil Nadu Governor RN Ravi on Thursday reportedly decided to put on hold the dismissal order of Dravida Munnetra Kazhagam (DMK) leader V Senthil Balaji for the time being and informed Chief Minister M K Stalin about it.
According to NDTV, sources in the governor's office said he would consult the attorney general and wait for his legal opinion on the matter.
Context
Why does this story matter?
Earlier, the governor had issued a dismissal order without conferring with the state CM, in a rare move.
To recall, Balaji was apprehended nearly two weeks ago and is currently in jail amid criminal proceedings in a reported cash-for-jobs scandal.
However, he was retained as a minister without portfolio by Stalin, a decision that the governor had decided to override unilaterally.
details
TN Raj Bhavan's statement announcing Balaji's dismissal
On Thursday, the state Raj Bhavan released a statement announcing the dismissal of Balaji from the Tamil Nadu cabinet.
"There are reasonable apprehensions that the continuation of V Senthil Balaji in the Council of Ministers will adversely impact the due process of law, including fair investigation that may eventually lead to the breakdown of constitutional machinery in the state," it stated.
Twitter Post
You can read full statement here
[Breaking] Tamil Nadu Governor #RNRavi dismisses #SenthilBalaji from the Council of Ministers with immediate effect. The press note says that Balaji's continuation in the council will adversely impact due process of law. pic.twitter.com/AyoulHrRe1
— Live Law (@LiveLawIndia) June 29, 2023
More details
TN government planned to challenge initial order in SC: Sources
Following Ravi's order, a few media reports claimed that the state government, led by the DMK, was planning to disregard the initial order and challenge it in the Supreme Court.
Reportedly, the governor reversed his decision within five hours following the intervention of Union Home Minister Amit Shah.
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Here's what Madras High Court said earlier
The dismissal came just a few days after the Madras High Court questioned petitioners opposing the state government's decision to let Balaji continue as a minister despite his arrest, if there was any legislative provision that allowed the governor to dismiss a state minister.
The court added that the governor had appointed the minister on the CM's advice under Article 164(1) of the Constitution.
Further information
Stalin's reaction to governor dismissing Balaji
While reacting to Ravi's move to dismiss Balaji, Stalin lashed out at the governor and stated that he did not have the right to dismiss the minister. He also suggested that his government would proceed legally with the issue.
"Governor doesn't have the right (to dismiss a sitting minister), and we will face this legally," PTI quoted the Tamil Nadu CM as saying.
Twitter Post
Video of Stalin talking to reports
VIDEO | "The Governor does not have the powers to dismiss him (Senthil Balaji). We will face this legally," says Tamil Nadu CM MK Stalin as Governor RN Ravi removes Senthil Balaji from State Cabinet. pic.twitter.com/oJtjLID8OX
— Press Trust of India (@PTI_News) June 29, 2023
Further details
Who is TN governor to dismiss Balaji? asks Saravanan
Additionally, DMK leader A Saravanan highlighted that Governor Ravi was undermining the Constitution and questioned, "Who is the governor to dismiss Senthil Balaji? Does he have the constitutional authority?"
"The governor is undermining the constitution. He is acting as per Sanatan Dharma. Sanatan Dharma is not the law of this country," he told the news agency ANI.