Tamil Nadu Governor puts dismissal of Senthil Balaji on hold after Centre's intervention

Hours after dismissing jailed minister Senthil Balaji from the state’s council of ministers on account of criminal charges against him, Tamil Nadu Governor RN Ravi held back his decision for some time, after Union Home Ministry's advice, according to a report in India Today. 

The Governor has also sent a letter to Chief Minister MK Stalin, stating that his order is on hold, the report said. Governor RN Ravi will now take the advice of the Attorney General after the Home Ministry asked the Governor to seek a legal opinion in this regard. 

Since June 14, after Senthil Balaji was arrested, he was retained by the government as a minister without a portfolio, and the subjects held by him were allocated to Finance Minister Thangam Thennarasu (Electricity) and Housing Minister Muthusamy (Excise). 

Following Governor’s decision on Thursday, Tamil Nadu Chief Minister MK Stalin said the Governor had no right to sack a minister and the DMK-Congress government will take legal steps in this regard. 

"Governor doesn't have the right (to dismiss a sitting minister) and we will face this legally," he told news agency PTI. 

In an official release, the Raj Bhavan on Thursday said, "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 a fair investigation that may eventually lead to the breakdown of constitutional machinery in the state." 

“Balaji is facing serious criminal proceedings in a number of cases of corruption, including taking cash for jobs and money laundering. Abusing his position as a minister, he has been influencing the investigation and obstructing the due process of law and justice,” the notification said. 

Following the development, Opposition parties criticised the Governor for taking such a step. 

DMK leader A Saravanan accused the Governor of undermining the Constitution, saying that the order, dismissing Balaji from the state's council of ministers, is "not even worth the paper it was drafted on". 

"Who does the Governor thinks he is? Does he have the constitutional authority (to dismiss Senthil Balaji)? The Governor is undermining the constitution. He is catering to the Sanatan Dharma. The law of the land isn't determined by the Sanatan Dharma. For a Governor, the constitution should be the Bible, Gita, and Quran. He is acting like a clown, trying to appease his political masters. His order isn't even worth the paper it was drafted on. It must be consigned to the dustbin," the DMK leader said. 

In a statement, AAP said the action of Governor RN Ravi was "outrightly unconstitutional" and these decisions come under the exclusive domain of the chief minister. 

Trinamool national spokesperson Saket Gokhale said besides Article 164 of the Constitution, there is a Supreme Court judgment that the Governors can't discharge their constitutional function without consulting the chief ministers. "In this case, it is clear that the Governor took the decision unilaterally. This fight is of all opposition parties -- to save our Constitution and democracy," Gokhale said. 

The BJP, however, defended the action and said the Governor has every right to dismiss Senthil Balaji and he also gave reasons for that. 

On Wednesday, a court in Chennai extended the judicial custody of  Balaji, who was arrested by the country's financial-crime-fighting agency Enforcement Directorate earlier this month, until July 12. 

The relationship between the DMK government and the Governor's office has been tense for months, marked by disagreements over several issues, most notably, the Governor's refusal to assent to legislation passed by the state assembly. 

Last year, the DMK had petitioned President Droupadi Murmu, alleging unconstitutional conduct by Governor Ravi and his failure to sign a substantial number of bills passed by the Assembly. 

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