PANJIM: The constitutional experts from the State reacted sharply to Tamil Nadu Governor R N Ravi’s decision of sacking Minister V Senthil Balaji from the Council of Ministers and immediately keeping the order in abeyance.
They said the Governor is bound to uphold the Constitution of India and not act in a partisan manner attempting to unsettle the mandate of the electorate.
Appointment or dismissal of Minister is the Cheif Minister’s prerogative – Adv Khalap
Former Law Minister Ramakant Khalap said that the Governor should refrain from controversial issues in matters of appointment or dismissal of a Minister. It is the prerogative of the Chief Minister.
The Constitutional Provision that the Council of Ministers continue at the pleasure of the Governor has limited interpretations, particularly in the event of the Chief Minister losing a majority or a Minister is proven to be involved in moral turpitude or sentenced by Court, the Chief Minister must inform the Governor that he is dropping the said Minister failing which the Governor’s role will come in play.
For the sake of democracy, the Governor is the nominee of the President and should exercise caution and restraint.
No legal, judicial precedence to even remotely suggest that Guv can act on his own – Adv Rohit Bras De Sa
Adv Rohit Bras De Senior Lawyer said, “Under the Constitution of India, we have a Parliamentary democracy. The power to appoint or dismiss Minister is vested in Chief Minister or Prime Minister. The Governor or President of India as a representative of the Head of the State has to act on the advice of the Chief Minister or Prime Minister. Any other interpretation to imply or mean that the Governor can arbitrarily dismiss Minister is unconstitutional. There is no legal, or judicial precedence to even remotely suggest that the Governor can act unilaterally without the advice of the Chief Minister or Prime Minister.
Malaise of misusing Raj Bhavans for party politics is on the increase – Timble
Prabhakar Timble, constitutional expert and ex-State Election Commissioner said, “Under the Constitution, the discretionary powers of the Governor are very limited. The Governor appoints the Chief Minister (CM). There are established conventions in this regard. All other ministers are appointed or dropped only under the advice of the Chief Minister.”
“It is the exclusive privilege of the CM to decide on his cabinet colleagues. The Tamil Nadu (TN) Governor exceeded his brief suo motu ordering the dismissal of a Minister which ultimately the Governor had to withdraw. The malaise of misusing Raj Bhavans for party politics is on the increase,” he said.
Governors have been used as agents by the Central government – Adv Coutinho
Former JMFC and Adv Cleofato Almeida Coutinho called it a ‘brazen act of unconstitutionality’
“What has happened is that a Governor is supposed to meet these minimum requirements that he can act under the aid and advice of the council of ministers. For too long a time Governors have been used as agents by the Central government,” Adv Coutinho said.
