Senthil Balaji sacked for 5 hrs; ‘Which lawyer advised Guv,’ Opposition attacks
The Tamil Nadu government versus Governor RN Ravi escalated on Thursday evening after Governor RN Ravi sacked arrested minister Senthil Balaji from the council of ministers on account of criminal charges against him.
Around five hours later, the Governor’s House informed that the decision for the dismissal has been put on hold for some time and RN Ravi will now take the advice of the Attorney General. Tamil Nadu chief minister MK Stalin said the Governor had no right to sack a minister and the DMK-Congress government will face this legally.
Congress MP and advocate Manish Tewari said the President should sack Tamil Nadu Governor for no lawyer could have advised RN Ravi to sack a minister until charges against him are proved. “No sane bureaucrat much less a sane lawyer could have advised Mr Ravi that Constitutional scheme allows him to dismiss a Minister. Criminal jurisprudence holds you are innocent until proven guilty,” Manish Tewari said.
Citing Article 164 of the Constitution of India, Manish Tewari said a minister can be removed only on the advice of the chief minister.
“Currently he is in judicial custody in a criminal case being investigated by the Enforcement Directorate. Some more criminal cases against him under the Prevention of Corruption Act and the Indian Penal Code are being investigated by the State Police. There are reasonable apprehensions that continuation of Thiru V Senthil Balaji in the Council of Ministers will adversely impact the due process of law…” the press release issued from the Raj Bhavan said. No fresh release was issued but it was communicated later that the decision has been kept in abeyance.
AAP issued a statement saying 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,” the TMC leader said.
RJD MP Manoj Jha said RN Ravi must have received a diktat from Delhi. But the Constitution has no provision for such an action.
The BJP, however, defended the action and said the Governor has every right to dismiss Senthil Balaji and he also gave reasons for that.
Senthil Balaji was arrested on June 14 in a cash-for jobs scam. He was admitted to a hospital immediately after his arrest as he complained of chest pain. The minister underwent a bypass surgery on June 21.