Amid a raging debate over the role of Governors, the Supreme Court on Friday, January 5, said the Governor of a state had to act on the recommendation of the Council of Ministers.
A Bench led by Justice AS Oka dismissed an appeal against the Madras High Court’s order refusing to entertain a petition seeking sacking of V Senthil Balaji as a minister in the Tamil Nadu Government following his arrest in a money laundering case, saying no interference was called for under Article 136 of the Constitution under which the top court entertains special leave petitions.
“Prima facie, the high court is right that the Governor could not have dismissed the minister. The Governor has to act on the recommendation of the Council of Ministers. After having heard the petitioner in person and perusing the impugned judgment of the high court, we concur with the view taken by the high court,” the Bench said.
While referring to the Governor’s discretionary powers in such matters, the high court had said, “If the Governor chooses to ‘withdraw his pleasure’ in respect of a minister, he must exercise his discretion with the knowledge of the Chief Minister and not unilaterally. In the present case, the Chief Minister had never consented for the exercise of discretion by the Governor.”
Balaji was arrested on June 14, 2023, by the Enforcement Directorate in a money laundering case related to a cash-for-jobs scam when he was the Transport Minister in the AIADMK government. Balaji was divested of his portfolios in the current DMK Government following his arrest but continued to be a minister. Source: TNS