Editor's Pick: Governor has no power to sack Minister, says Tamil Nadu CM

Chief Minister M.K. Stalin wrote to Governor R.N. Ravi on Friday, informing him that his “unconstitutional communication” dismissing arrested Minister V. Senthilbalaji “without my advice is void ab initio and non est in law and hence has been disregarded”. Reacting strongly to Mr. Ravi’s communication initially “dismissing” Mr. Senthilbalaji and then subsequently keeping it in “abeyance” on Thursday night, Mr. Stalin said that though the Governor’s letters required only an outright disregard, he wished to clarify the facts and law on the issue. Mr. Senthilbalaji, a State Minister without Portfolio, is in hospital and in judicial custody. Sources say Mr. Stalin sent a six-page letter to the Governor, arguing that the aid and advice of the Chief Minister and the Cabinet was neither sought nor given for either of Mr. Ravi’s communications. Noting that the Governor had kept his “dismissal letter” in abeyance, in order to seek the opinion of the Attorney-General on the intervention of the Union Home Minister Amit Shah, Mr. Stalin said this showed that Mr. Ravi had acted in haste “with scant regard to the Constitution of India”. Referring to Mr. Ravi’s charge that he had used “intemperate language” in a letter to Raj Bhavan earlier this month, the CM said: “We have always been pleasant, courteous and respectful towards you in line with our Tamil culture. However, that does not mean we have to abide by unconstitutional directives issued by you.” Distinguishing between a person facing investigation, a person against whom charges have been framed, and a person convicted by a court, Mr. Stalin said that it was only in the third category of cases that a person attracted disqualification, from holding office as Minister or legislator as per the judgment of the Supreme Court. Mr. Stalin also questioned the Governor’s “inexplicable silence” on the government’s request for sanctions to investigate and prosecute former Ministers and public servants for offences committed during the tenure of the previous AIADMK government, “which have been languishing in your office for months together”. In an editorial, The Hindu said “that Mr. Ravi had to be advised to seek ex post facto legal opinion reflects poorly on his decision-making prowess…For the Governor to remove someone unilaterally on the ground that his earlier counsel to drop a Minister went unheeded is nothing but a constitutional misadventure.” It also pointed out that Mr. Stalin could have acted on his own to avoid facing the charge that he is providing a “shield of office” for the Minister to protect himself or that the Minister’s presence in the Cabinet is obstructing the due process of law. “But nothing can excuse the Governor’s misadventure.” In a piece on the Governor-State government tangle, P.D.T. Achary, the former Secretary General of the Lok Sabha, also called the Governor’s action dangerous and unconstitutional. The Hindu’s Editorials Constitutional misadventure: On the Tamil Nadu Governor’s move All hands on deck: On the elevation of T.S. Singhdeo as Chhattisgarh Deputy Chief Minister The Hindu’s Daily News Quiz Where is India’s largest telescope, the uGMRT (upgraded) Giant Metrewave Radio Telescope, located? Sriharikota Pune Bengaluru Leh To know the answer and play the full quiz, click here. [logo] Editor's Pick 02 July 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]( Governor has no power to sack Minister: Tamil Nadu CM [Chief Minister M.K. Stalin wrote to Governor R.N. Ravi]( on Friday, informing him that his “unconstitutional communication” dismissing arrested Minister V. Senthilbalaji “without my advice is void ab initio and non est in law and hence has been disregarded”. Reacting strongly to Mr. Ravi’s communication initially “dismissing” Mr. Senthilbalaji and then subsequently keeping it in “abeyance” on Thursday night, Mr. Stalin said that though the Governor’s letters required only an outright disregard, he wished to clarify the facts and law on the issue. Mr. Senthilbalaji, a State Minister without Portfolio, is in hospital and in judicial custody. Sources say Mr. Stalin sent a six-page letter to the Governor, arguing that the aid and advice of the Chief Minister and the Cabinet was neither sought nor given for either of Mr. Ravi’s communications. Noting that the Governor had kept his “dismissal letter” in abeyance, in order to seek the opinion of the Attorney-General on the intervention of the Union Home Minister Amit Shah, Mr. Stalin said this showed that Mr. Ravi had acted in haste “with scant regard to the Constitution of India”. Referring to Mr. Ravi’s charge that he had used “intemperate language” in a letter to Raj Bhavan earlier this month, the CM said: “We have always been pleasant, courteous and respectful towards you in line with our Tamil culture. However, that does not mean we have to abide by unconstitutional directives issued by you.” Distinguishing between a person facing investigation, a person against whom charges have been framed, and a person convicted by a court, Mr. Stalin said that it was only in the third category of cases that a person attracted disqualification, from holding office as Minister or legislator as per the judgment of the Supreme Court. Mr. Stalin also questioned the Governor’s “inexplicable silence” on the government’s request for sanctions to investigate and prosecute former Ministers and public servants for offences committed during the tenure of the previous AIADMK government, “which have been languishing in your office for months together”. [In an editorial]( The Hindu said “that Mr. Ravi had to be advised to seek ex post facto legal opinion reflects poorly on his decision-making prowess…For the Governor to remove someone unilaterally on the ground that his earlier counsel to drop a Minister went unheeded is nothing but a constitutional misadventure.” It also pointed out that Mr. Stalin could have acted on his own to avoid facing the charge that he is providing a “shield of office” for the Minister to protect himself or that the Minister’s presence in the Cabinet is obstructing the due process of law. “But nothing can excuse the Governor’s misadventure.” In a piece on the Governor-State government tangle, P.D.T. Achary, the former Secretary General of the Lok Sabha, also called the [Governor’s action dangerous and unconstitutional](. The Hindu’s Editorials [Arrow][Constitutional misadventure: On the Tamil Nadu Governor’s move]( [Arrow][All hands on deck: On the elevation of T.S. Singhdeo as Chhattisgarh Deputy Chief Minister]( The Hindu’s Daily News Quiz Where is India’s largest telescope, the uGMRT (upgraded) Giant Metrewave Radio Telescope, located? - Sriharikota - Pune - Bengaluru - Leh To know the answer and play the full quiz, [click here](. [Sign up for free]( [[25 passengers charred to death after bus catches fire on Maharashtra’s Samruddhi Expressway] 25 passengers charred to death after bus catches fire on Maharashtra’s Samruddhi Expressway]( [[France riots | More than 1,300 people arrested after fourth night of rioting over teen’s killing by police] France riots | More than 1,300 people arrested after fourth night of rioting over teen’s killing by police]( [[NIA and police in Punjab, Haryana and Chandigarh to jointly combat criminal syndicates] NIA and police in Punjab, Haryana and Chandigarh to jointly combat criminal syndicates]( [[Amarnath Yatra | First batch of pilgrims begins journey towards cave shrine from Baltal base camp] Amarnath Yatra | First batch of pilgrims begins journey towards cave shrine from Baltal base camp]( 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](