A bench of Justices Abhay S Oka and Ujjal Bhuyan remarked that a Governor needs the recommendation of the Chief Minister to dismiss a Minister!
On Friday, the Tamil Nadu Minister V Senthil Balaji’s request to remove him from the State Cabinet was denied by the Supreme Court [ML Ravi vs Principal Secretary to Governor, Government of Tamil Nadu and ors].
Orally, a bench of Justices Abhay S. Oka and Ujjal Bhuyan stated that a Governor cannot fire a Minister on their own; instead, they must receive the Chief Minister’s proposal.
As a result, it declined to overturn the Madras High Court’s decision to deny the request to remove the minister representing the Dravida Munnetra Kazhagam (DMK) from the cabinet.
“We have read the High Court’s contested decision and agree with the position adopted. Under Article 136, no involvement is required,” the bench declared, rejecting the plea.
In a case involving money laundering, the Enforcement Directorate (ED) detained Balaji last year. Between 2011 and 2015, when he served as the Transport Minister in the AIADMK-led Tamil Nadu government, he was charged with involvement in a cash for employment fraud. Later on, in 2021, he joined the DMK and was made a minister.
Following Balaji’s appointment as a minister without portfolio in the State Cabinet, the Madras High Court noted in September 2023 that his continued service did not “augur well with the principles of Constitutional ethos on goodness, good governance and purity in administration.”
Thus, the High Court “advised” MK Stalin, the Chief Minister of Tamil Nadu, to decide whether Balaji, having been arrested, should remain a State Minister or be placed under judicial detention.
The High Court further stated that if a minister is serving in an official capacity and has not been disqualified by the Constitution or any other law, it will be up for argument whether the Governor has the authority to unilaterally remove them from their position.
However, the High Court did not issue any orders for Balaji’s removal from his position as minister, which prompted the Supreme Court to hear the current appeal.
Balaji’s stay in the Cabinet despite his incarceration was contested in the plea that his attorney, ML Ravi, filed.
This article was orginally published on barandbench news!
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