Tamil Nadu Governor RN Ravi and Chief Minister MK Stalin have a long history of tussle. A volcano has erupted after the controversy over V Senthil Balaji. Coming to this story later, first let us see, ‘why and how Governor RN Ravi sacked Minister V Senthil Balaji, without consulting the Chief Minister.
First reason: Governor RN Ravi, using the powers given in Article 154, Article 163 and Article 164 of the Constitution.
Second reason- In the case of M. Karunanidhi vs. Union of India, a Five Judge Bench of the Supreme Court made a special comment on 20 February 1979 that ‘there is no need to examine the difference between the powers conferred on the Governor under the Constitution’ and not the ‘Government of India Act.As the Constitution clearly states that the Governor appoints the Chief Minister and Ministers of Council and being the appointing authority, he is also the dismissing authority. Keeping these examples in front, Governor RN Ravi sacked V Senthil Balaji. (This is to be said)
Looking at these examples, it seems that Governor RN Ravi acted within his constitutional powers. But in SR Bommai (1994) and Shivraj Singh Chouhan (2020) supreme court held that the governor has to act on the advice of the cabinet. Since then the same practice has been going on that despite being the appointing authority, the Governor cannot act without the advice of the Council of Ministers or Chief Minister.
Now let’s talk about the tussle between Governor RN Ravi and Chief Minister MK Stalin. The matter of confrontation between Governor RN Ravi and Chief Minister MK Stalin came to the fore in May 2022. Governor RN Ravi had sent the file for the attention of the President without giving any order on the recommendation of the cabinet for the release of Rajiv Gandhi’s killers.
In January 2023, there was a heated argument between the Raj Bhavan and the government over the words Tamizhgam and Tamil Nadu. After this there was a tussle between the Governor and the government on online gambling and NEET bill also.
In April 2023, the MK Stalin government passed a resolution taking the responsibility of appointing vice-chancellors in universities to reduce the stature of the Governor.
In May 2023, the Stalin government alleged that the Governor had stalled at least 17 bills passed by the cabinet.
…and now this V Senthil Balaji sacking case. However, after not getting the support of the Central Government, Governor RN Ravi wrote a letter to CM Stalin saying that he has requested the Center to take the opinion of the Attorney General of India, so the dismissal of V Senthil Balaji should be kept in abeyance.
Although, Governor RN Ravi had written another letter of 15 pages to CM MK Stalin also. In that letter, he had urged Stalin to remove V Senthil Balaji who was facing a serious allegation in cash-for-job (the case was registered against him during previous government). Agencies like Income Tax and ED officials are not able to take action against them. Because he is a minister in the government. Governor RN Ravi stated in his letter that V senthil Balaji is misusing his influence. The local police is not cooperating with ED and Income Tax.
MK Stalin did not pay any attention to this letter of the governor. When the ED arrested him, his portfolios were given to other cabinet colleagues, but V Senthilbalaji was allowed to continue as a minister without a portfolio.
Governor RN Ravi considered this step of MK Stalin as an insult. He dismissed V Senthil Balaji from the post of minister using the powers given in Article 154, Article 163 and Article 164 of the Constitution.
Meanwhile, a development happened that S. Meghla, wife of V Senthil Balaji, filed a Habeas Corpus petition in the Madras High Court.
The Division Bench of the Madras High Court delivered a split decision. S Meghla, wife of Senthil Balaji, moved to Supreme Court. The Supreme Court has directed the Madras High Court to set up a three-judge bench and hold the hearing as soon as possible for a majority verdict.
