The Supreme Court criticized Tamil Nadu Governor RN Ravi today for his refusal to re-induct a DMK leader as minister despite a stay on his conviction. Chief Justice of India DY Chandrachud questioned the Centre, asking, “If the Governor does not adhere to the Constitution, what action should the government take?”
The bench, including Justices JB Pardiwala and Manoj Misra, has given the Governor until tomorrow to appoint DMK’s K Ponmudi as minister. Chief Justice Chandrachud stated, “If we do not hear from your side by tomorrow, we will issue an order directing the Governor to act in accordance with the Constitution. We are deeply concerned about the Tamil Nadu Governor and his conduct. He has no authority to do this. He is challenging the Supreme Court.” He added, “We are closely monitoring the situation, and tomorrow we will make a decision. We are very concerned.”
The MK Stalin government approached the Supreme Court after Mr. Ravi declined to re-induct Mr. Ponmudi into the state cabinet, citing Constitutional morality. Mr. Ponmudi was disqualified as an MLA after the Madras High Court reversed his acquittal in an assets case. Subsequently, the Supreme Court stayed his conviction and the sentence of a two-year jail term. The state government sought to reinstate him as a minister, but the Governor emphasized that his conviction had only been suspended and not overturned.
The Chief Justice remarked that the Governor is “disregarding the Supreme Court”. “Those advising him have not given him proper advice,” he remarked. “I may have a different opinion of the individual/minister, but we must abide by constitutional law. The Chief Minister says we want to appoint this person, and the Governor should do so as part of a parliamentary democracy. He is a ceremonial head of the state.”
Justice Pardiwala stated that once a conviction is stayed, “you cannot claim that you are tainted, there is no stain.”
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