STOCK MARKET BSE NSE

Tamil Nadu: Legal opinion released to justify Governor's meetings with government officials

The declaration of the State ministers that there is “nothing wrong” in Governor Banwarilal Purohit holding meetings with State government officials makes the meetings legal.

Published: 27th June 2018 05:54 AM  |   Last Updated: 27th June 2018 05:54 AM   |  A+A-

By Express News Service

CHENNAI: The declaration of the State ministers that there is “nothing wrong” in Governor Banwarilal Purohit holding meetings with State government officials makes the meetings legal, an opinion on the contentious matter released by Raj Bhavan said on Tuesday. Raj Bhavan said the opinion was sought by Purohit last November, after his meeting with officials in Coimbatore, from a Mumbai-based advocate and Maharastra’s former Advocate- General Shreehari Aney.

Aney underlines that the Governor can exercise his executive powers only on the aid and the advice of the Council of Ministers. So was it not mandatory that the Governor can hold any meeting only if advised by the Council of Ministers? Aney points out that Purohit had asked the Chief Secretary and the Revenue Commissioner to call such a meeting. But he argues that since the ministers were aware of the meetings and that they later declared that there is “nothing wrong” with the meetings, this amounts to “waiver of the pre-condition.”

“Additionally, if the aid and advice (of the council of ministers) is to be seen as a pre-condition to the Governor’s action, and if such a post-facto ratification would not suffice, then the Ministers’ statement that there was nothing wring with such a meeting would be treated as waiver of the pre-condition,” Aney argues.

Purohit has been facing criticisms from the Opposition over his regular meetings with the district-level officials since the meetings were considered as infringing on the powers of State governments.
On the criticism that there was no such precedent, Aney said, “Every precedent must, at some time have been an act that was performed for the first time. Its repetition over the years gave it the character of precedent.”

Underlining that the Governor was only “familiarising” himself with the State, Aney states that the Governor did not attempt to “review the workings of the department, or criticise or comment on the work done.” He said that only if the Governor, without approaching the concerned minister or his Council of Ministers, instructs the officials, it becomes illegal.

More from Chennai.

Comments

Disclaimer : We respect your thoughts and views! But we need to be judicious while moderating your comments. All the comments will be moderated by the newindianexpress.com editorial. Abstain from posting comments that are obscene, defamatory or inflammatory, and do not indulge in personal attacks. Try to avoid outside hyperlinks inside the comment. Help us delete comments that do not follow these guidelines.

The views expressed in comments published on newindianexpress.com are those of the comment writers alone. They do not represent the views or opinions of newindianexpress.com or its staff, nor do they represent the views or opinions of The New Indian Express Group, or any entity of, or affiliated with, The New Indian Express Group. newindianexpress.com reserves the right to take any or all comments down at any time.

IPL_2020
flipboard facebook twitter whatsapp