Tennessee Governor’s Unprecedented Firing of Minister Sunhill Balaji Violates All Logic and Constitutional Process
Release date – Saturday 23 July 12:45
Over the past few years, the governor’s role has come under increasing scrutiny for its blatant partisanship. The “Team India” ethos that the NDA government has repeatedly preached runs counter to it, as the constitutional position has been turned into a political tool against non-BJP governments. The latest developments in Tamil Nadu have fueled fears of a serious abuse of the governorship. Governor RN Ravi’s unprecedented sacking of Minister V Senthil Balaji citing criminal proceedings against Minister V Senthil Balaji in a corruption and money laundering case violated all logic and constitutional procedures. This outrageous move reflects a blatant abuse of power that has led to an escalation of conflict between Raj Bhavan and the DMK government. Although the governor has put his order on hold pending legal advice, the damage has already been done. Since the constitution does not allow the governor to fire any minister, Ravi’s actions have been condemned from all sides. According to the Supreme Court order and constitutional experts, the governor cannot take such steps without the advice of the Council of Ministers. In 2013, the Supreme Court stated that if the Governor-General did not act on the assistance and advice of the Council of Ministers, democracy itself would be in jeopardy. In this case, the Governor’s order came despite Chief Minister MK Stalin’s decision to retain Senthil Balaji as a minister without ministerial posts.
The minister, who was arrested on June 14 for cash-for-work fraud, is in judicial custody and the case is being investigated by the Enforcement Directorate. Last year, Kerala Governor Arif Mohammed Khan wrote to Chief Minister Pinarayi Vijayan, asking him to give a speech to the Finance Minister who “no longer enjoys” his pleasure. A similar controversy arose after KN Balagopal took “constitutionally appropriate action” (a euphemism for dismissal). Telangana, Bengal and Punjab have also seen governors go beyond constitutional limits and indulge in politics. Like the Tamil Nadu governor, Telangana Governor Tamilsay Sandra Rajan has been uncooperative and has tried to create a constitutional impasse by refusing to act on several bills passed by the state legislature . Although the Constitution provides no time limits for governors to approve, disapprove, or reserve bills for presidential consideration, courtesy and custom require that they be approved expeditiously so that the operations of the executive branch are not adversely affected. Section 163 of the Constitution is the source of the Governor’s discretion. The combination with Section 163 provides scope for central intervention in the affairs of the states as the federal government nominates governors. Now is the time for a broader national debate in the country about the relevance of the governor’s office at a time when it is being used as a political tool.
