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Today Date : Thursday, May 23, 2024

Governor R.N Ravi's action and  Supreme Court order in 2014!

Governor R.N Ravi's action and Supreme Court order in 2014!

Tamil Nadu Governor R.N Ravi has ordered the dismissal of Minister Senthil Balaji from the Cabinet and informed Chief Minister M. K. Stalin in a 5-page letter about the reason for his dismissal. In it, the Governor had said that he was 'dismissing' Senthil Balaji so that the trial against Senthil Balaji should be conducted in a fair manner and to prevent disruption of the constitutional process of the political system in the state.
However, in a sudden turn after a few hours, R.N Ravi wrote a letter to the Chief Minister temporarily suspending the dismissing order. 
In the letter, it was mentioned that the earlier order was temporarily suspended as per the advice of the Union Home Minister. Subsequently, Chief Minister M.K. Stalin replied to the Governor and sent a 6-page letter. In it, he pointed to a judgment given by the Supreme Court in 2014 about who should be a minister in the cabinet and who should be fired? The Governor has no power to decide that. It is completely and utterly the personal prerogative of the Chief Minister," he said.
After the conflict erupted between the Governor and Chief Minister M.K. Stalin due to the Senthil Balaji issue, the judgment given by the Supreme Court in 2014 has become a topic of conversation. What is the Supreme Court judgment of 2014?
A petition was filed in the Supreme Court that the ministers should be removed from office only after filing of a charge sheet. The Supreme Court heard this petition and gave a verdict. 
The bench headed by the then Chief Justice R.M Lodha gave the verdict in this case. In that, it is in effect that those who have been sentenced to imprisonment for more than 2 years are not eligible to continue as ministers. It is a tradition that Chief Ministers and Ministers resign from their posts when chargesheets are filed against them.
At the same time, it is against the purview of the Constitution to give ministership to a person who has been charged with serious offences.
The Prime Minister or the Chief Minister should not induct that person into his cabinet if the chargesheet is filed in the court of inquiry and the case goes on. But the Prime Minister's decision on whom to induct is final. 
The prime minister carries the constitutional trust. So he is the one who has to keep that trust. The constitutional bench of the Supreme Court said that the Prime Minister is expected to act responsibly according to the constitution.
If we compare this judgment given by the Supreme Court to the state as it is, it shows that the chief minister has full right to appoint who should be included in the cabinet, according to political observers.
The activities of the Governor who unnecessarily intervened in the affairs of Tamil Nadu ministers and immediately reversed the same decision have been severely criticized. 
The Madras High Court and the earlier orders of the Supreme Court are all clear that ministerial matters are within the jurisdiction of the Chief Minister of a State; They are saying that the state governor should not interfere in it. In spite of that, Governor R.N Ravi has been severely condemned for doing this.
Mukul Rothaki, who held the post of Attorney General for 3 years in the BJP government that is currently ruling at the Centre, the Governor has blatantly exceeded his limits. A minister cannot be arbitrarily dismissed by the governor. 
The Governor can act only by the decisions of the Chief Minister and the Cabinet. He slammed the governor as flagrantly overstepping his authority in the current issue.
So, criticisms are coming and attacking the governor. The Tamil Nadu government is ready to initiate legal proceedings against him. 
At least now the Governor R.N Ravi should change his position and cooperate for the smooth functioning of the state government in the interests of the people. This is not the first time this request has been made to him. We have made it many times.