Editor's Pick: Tamil Nadu Governer’s U-turn on the dismissal of Senthilbalaji

Adding to the episodes of friction between the Tamil Nadu Governor and the DMK State government, Governor R.N. Ravi on Thursday evening unilaterally “dismissed with immediate effect” arrested Minister V. Senthilbalaji from the Council of Ministers, only to backtrack on his decision late in the night. Mr. Senthilbalaji was earlier this month arrested by the Enforcement Directorate (ED) in an alleged money laundering case. The DMK leader, who was hospitalised after his arrest, underwent a beating heart coronary artery bypass surgery recently. Sources from Chief Minister M.K. Stalin’s office told The Hindu that Mr. Ravi had communicated in the night that his order dismissing Mr. Senthilbalaji was being put on hold with immediate effect. Earlier, Mr. Stalin told journalists that the Governor does not have the authority to dismiss a Minister. “We will face this legally,” he had said. The Press Release from the Governor’s office last evening cited no legal provision but announced the arrested Minister’s dismissal. “There are reasonable apprehensions that continuation of Thiru V. Senthilbalaji in the Council of Ministers will adversely impact the due process of law including fair investigation that may eventually lead to breakdown of the Constitutional machinery in the State. Under these circumstances, Honourable Governor has dismissed Thiru V. Senthilbalaji from the Council of Ministers with immediate effect.” Notably, about a month ago, Mr. Ravi had asked the Chief Minister to drop Mr. Senthilbalaji from the State Cabinet, but Mr. Stalin had instead reallocated the arrested politician’s Electricity and Excise portfolios, retaining him as a Minister without portfolio. At that time the Supreme Court had cleared the decks for the police and ED to proceed with their respective investigations against the Minister. After backtracking on his decision late last night, Mr. Ravi’s office communicated to the Chief Minister that upon Union Home Minister Amit Shah’s advice, the Raj Bhavan would consult the Attorney General on the matter of dismissal. The Governor had also sent a five-page letter to Mr. Stalin flagging that Mr. Senthilbalaji was obstructing the investigation. Mr. Ravi cited his powers under Articles 154, 163 and 164 of the Constitution to dismiss the embattled Minister. It has been interpreted by previous Constitutional functionaries and courts as well, that while the Governor, as per Article 164, appoints the Chief Minister and other Ministers on the advice of the Chief Minister, he cannot dismiss the government or withdraw his pleasure if the government enjoys a majority in the House. As for Article 163, the Supreme Court has held that the discretionary powers of Governors are “limited” and even in that space, should not be used in an “arbitrary” and “fanciful” manner. The Governor’s sudden move and subsequent U-turn also come at a time when two petitions on the matter have already been filed in the Madras High Court. Considering this is not the first time in Tamil Nadu or the rest of the country that Constitutional Heads of the States and the elected governments have experienced conflict owing to ambiguities about the powers of the Raj Bhavan, it may be time, as this editorial in The Hindu points out, to amend the provisions of the Constitution relating to the Governor’s role. Identifying areas of discretion, fixing a time frame for them to act, and making it explicit that they are obliged to go by Cabinet advice on dealing with Bills are aspects that can be considered for review. Was this newsletter forwarded to you? Head over to our newsletter subscription page to sign up for Editor’s Pick and more. Click here. The Hindu’s Editorials Spiralling food prices: on the build-up of underlying inflation pressures Greek recovery: on the road ahead for Kyriakos Mitsotaki The Hindu’s Daily News Quiz The inaugural and the final matches of the ICC Cricket World Cup 2023 will take place in which city? Ahmedabad Mumbai Kolkata Punjab To know the answer and play the full quiz, click here. [logo] Editor's Pick 30 June 2023 [The Hindu logo] In the Editor's Pick newsletter, The Hindu explains why a story was important enough to be carried on the front page of today's edition of our newspaper. [Arrow]( [Open in browser]( [Mail icon]( [More newsletters]( Tamil Nadu Governer’s U-turn on the dismissal of Senthilbalaji Adding to the [episodes of friction]( between the Tamil Nadu Governor and the DMK State government, Governor R.N. Ravi on Thursday evening [unilaterally “dismissed with immediate effect”]( Minister V. Senthilbalaji from the Council of Ministers, only to backtrack on his decision late in the night. [Mr. Senthilbalaji]( was earlier this month arrested by the Enforcement Directorate (ED) in an alleged money laundering case. The DMK leader, who was hospitalised after his arrest, underwent a beating heart coronary artery bypass surgery recently. Sources from Chief Minister M.K. Stalin’s office told The Hindu that Mr. Ravi had communicated in the night that his order dismissing Mr. Senthilbalaji was being put on hold with immediate effect. Earlier, Mr. Stalin told journalists that the Governor does not have the authority to dismiss a Minister. “We will face this legally,” he had said. The Press Release from the Governor’s office last evening cited no legal provision but announced the arrested Minister’s dismissal. “There are reasonable apprehensions that continuation of Thiru V. Senthilbalaji in the Council of Ministers will adversely impact the due process of law including fair investigation that may eventually lead to breakdown of the Constitutional machinery in the State. Under these circumstances, Honourable Governor has dismissed Thiru V. Senthilbalaji from the Council of Ministers with immediate effect.” Notably, about a month ago, Mr. Ravi had asked the Chief Minister to drop Mr. Senthilbalaji from the State Cabinet, but Mr. Stalin had instead reallocated the arrested politician’s Electricity and Excise portfolios, retaining him as a Minister without portfolio. At that time the Supreme Court had cleared the decks for the police and ED to proceed with their respective investigations against the Minister. After backtracking on his decision late last night, Mr. Ravi’s office communicated to the Chief Minister that upon Union Home Minister Amit Shah’s advice, the Raj Bhavan would consult the Attorney General on the matter of dismissal. The Governor had also sent a five-page letter to Mr. Stalin flagging that Mr. Senthilbalaji was obstructing the investigation. Mr. Ravi cited his powers under Articles 154, 163 and 164 of the Constitution to dismiss the embattled Minister. It has been interpreted by previous Constitutional functionaries and courts as well, that while the Governor, as per Article 164, appoints the Chief Minister and other Ministers on the advice of the Chief Minister, he cannot dismiss the government or withdraw his pleasure if the government enjoys a majority in the House. As for Article 163, the Supreme Court has held that the discretionary powers of Governors are “limited” and even in that space, should not be used in an “arbitrary” and “fanciful” manner. The Governor’s sudden move and subsequent U-turn also come at a time when two petitions on the matter have already been filed in the Madras High Court. Considering this is not the first time in Tamil Nadu or the rest of the country that Constitutional Heads of the States and the elected governments have experienced conflict owing to ambiguities about the powers of the Raj Bhavan, it may be time, as this [editorial]( The Hindu points out, to amend the provisions of the Constitution relating to the Governor’s role. Identifying areas of discretion, fixing a time frame for them to act, and making it explicit that they are obliged to go by Cabinet advice on dealing with Bills are aspects that can be considered for review. Was this newsletter forwarded to you? Head over to our newsletter subscription page to sign up for Editor’s Pick and more. [Click here.]( The Hindu’s Editorials [Arrow][Spiralling food prices: on the build-up of underlying inflation pressures]( [Arrow][Greek recovery: on the road ahead for Kyriakos Mitsotaki Â]( The Hindu’s Daily News Quiz The inaugural and the final matches of the ICC Cricket World Cup 2023 will take place in which city? - Ahmedabad - Mumbai - Kolkata - Punjab To know the answer and play the full quiz, [click here.]( [Sign up for free]( [[President Vladimir Putin calls Prime Minister Narendra Modi ‘big friend of Russia’] President Vladimir Putin calls Prime Minister Narendra Modi ‘big friend of Russia’]( [[YouTube tests playback limiting feature to detect ad blockers: Report] YouTube tests playback limiting feature to detect ad blockers: Report]( [[Union Minister Amit Shah advised T.N. Governor to seek AG’s opinion on Senthilbalaji’s ‘dismissal’] Union Minister Amit Shah advised T.N. Governor to seek AG’s opinion on Senthilbalaji’s ‘dismissal’]( [[AK vs ARK: Anil Kapoor, Aditya Roy Kapur on the conclusion to ‘The Night Manager’] AK vs ARK: Anil Kapoor, Aditya Roy Kapur on the conclusion to ‘The Night Manager’]( Copyright @ 2023, THG PUBLISHING PVT LTD. If you are facing any trouble in viewing this newsletter, please [try here]( Manage your newsletter subscription preferences [here]( If you do not wish to receive such emails [go here](