NEW DELHI: The governor of a state has to act only on the recommendation of the council of ministers, the Supreme Court ruled on Friday while dismissing an appeal challenging the decision of the Madras High Court to reject a petition filed against continuance of V Senthil Balaji as a minister in the DMK cabinet.
A bench of Justices Abhay S Oka and Ujjal Bhuyan said, “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...”
M L Ravi, a lawyer and social activist, had moved the apex court against the order of the Madras High Court refusing to issue a direction on his petition for quashing Governor R N Ravi’s order keeping in abeyance his earlier order to sack Balaji from the ministry. The HC had rejected that petition saying that there is no merit in his prayer.
“After having heard the petitioner in person and perusing the impugned judgment of the high court, we concur with the view taken by the HC. Therefore no interference is called for under Article 136 of the Constitution,” the bench said. Article 136 refers to the discretionary powers of the Supreme Court to allow special leave petitions.
Governor R N Ravi, who has been locked in intermittent tussles with the DMK government, had in June 2023 “dismissed” Balaji from the council of ministers “with immediate effect”. But as his action drew strong criticism, he informed Chief Minister M K Stalin that he wanted to keep his decision in abeyance.
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 CM and not unilaterally. In the present case, the chief minister had never consented for the exercise of the discretionary power by the governor.”
‘Not permissible for court to issue directions to guv’
On the petitioner’s submissions about Balaji’s disqualification, the HC had said in the absence of any statutory disqualification incurred by him, it would not be permissible for the court to issue directions to the governor to take a decision in a particular manner.
“Moreover, it would also be a matter of debate as to whether the governor can unilaterally disqualify a person officiating as a minister, though he has not incurred any disqualification under the Constitution of India,” the HC had said.
Balaji was arrested by the ED last year in a money laundering case. He was accused of being involved in a cashfor- jobs scam during his tenure as transport minister in the AIADMK-led government between 2011 and 2015. Later he joined the DMK and became a minister in 2021.
‘Guv can’t withdraw pleasure’
“If the governor chooses to ‘withdraw his pleasure’ in respect of a minister, he must exercise his discretion with knowledge of the CM and not unilaterally,” the HC had said.