Stalin calls governor’s ‘dismissal’ of Senthil void, non-existent
Stalin also questioned the governor’s “inexplicable silence” on the state government’s requests for sanctions to investigate and prosecute former AIADMK ministers and other public servants
Chennai: Tamil Nadu chief minister MK Stalin on Friday described as “void ab initio” and “non-est” governor RN Ravi’s two letters on arrested minister V Senthil Balaji’s continuance in the state cabinet – the first in which the governor “dismissed” the Dravida Munnetra Kazhagam (DMK) leader from the council of ministers and another, issued hours later, in which he backtracked after widespread criticism from several quarters.
While the term ‘void ab initio’ means having no legal effect, ‘non-est’ means non-existent.
In a letter to the governor, Stalin, who is also the chief of the ruling DMK, criticised the former’s contradictory actions in a span of a few hours and accused him of acting “in haste with scant regard to the Constitution of India”.
There was no immediate reaction available from Raj Bhavan on Stalin’s letter.
In an unprecedented move on Thursday, the governor sent a letter to the chief minister at 7pm, informing him about Balaji’s “dismissal” from the council of ministers. However, amid criticism from the state government that said the governor had no authority to do this, in another letter at 11.45pm, Ravi said he was keeping the plan “in abeyance” on Union home minister Amit Shah’s advice, who asked him to seek the attorney general’s opinion on the matter.
Constitutional experts also said that the governor’s move may not withstand legal scrutiny.
In his letter to the governor on Friday, Stalin said: “Your unconstitutional communication dismissing my Minister without my advice is void ab initio and non-est in law and hence, has been disregarded”.
He added that the issuance of the two letters within a span of five hours “shows that you (governor) had not even taken a legal opinion before such an important decision”. “The fact that it needed the Hon’ble Home Minister’s intervention to direct you to take a legal opinion on this matter, itself shows that you have acted in haste with scant regard to the Constitution of India,” he said.
Stalin also questioned the governor’s “inexplicable silence” on the state government’s requests for sanctions to investigate and prosecute former AIADMK ministers and other public servants, which have been “languishing” in Raj Bhavan for several months.
The chief minister also said that just because Balaji is under investigation, “he isn’t incapacitated to continue as minister”.
Balaji, who held the electricity, excise and prohibition portfolios, was arrested by the Enforcement Directorate on June 14 under the Prevention of Money Laundering Act (PMLA) for allegations that date back to 2014 when he was transport minister in the All India Anna Dravida Munnetra Kazhagam (AIADMK) government. He joined the DMK in 2018. On the day of his arrest, Balaji dramatically collapsed, undergoing a beating heart coronary artery bypass in a Chennai hospital on June 21 and has been hospitalised since. On Wednesday, his judicial custody was extended till July 12.
Ravi, who has been at loggerheads with the DMK government, on June 16 said that he “did not agree” with Balaji’s continuation in the Cabinet, citing the criminal proceedings the minister faces. He accepted Stalin’s recommendation for the reallocation of Balaji’s portfolios. Balaji has been a minister without a portfolio since.
Earlier on Friday, finance minister and senior DMK leader Thangam Thennerasu hit out at the governor, saying “without application of mind, he (latter) has done something which is constitutionally invalid and legally untenable”.
Thennerasu also accused the governor of “repeatedly” causing trouble. “The chief minister is courteous. He has not reduced the dignity of the Governor’s office even by a millimeter. It is the Governor who is repeatedly creating trouble,” he said.
DMK Rajya Sabha MP and senior advocate P Wilson said: “The Supreme Court has said, in several verdicts, that if the governor doesn’t act on the advice of the chief minister and council of ministers, his decision will not be valid.”
Experts said that Ravi’s decision to dismiss Balaji was an over-reach and would not pass legal muster. “Disqualification can happen either by the Constitution or by the Representation of People’s Act. There is no third way for a governor to disqualify a minister who has not yet been convicted. Even in (Congress leader) Rahul Gandhi’s case, he was disqualified only after his conviction,” said retired Madras high court judge K Chandru.
The Bharatiya Janata Party (BJP) refused to comment on the governor’s actions.
“BJP Tamil Nadu for now reserves its comments on the dismissal of cash for jobs scam Senthil Balaji..,” tweeted state BJP chief K Annamalai. He, however, added that when Balaji was an AIADMK minister in 2018 and Stalin was the leader of opposition, the DMK leader had demanded action against the now arrested minister.
