'Beyond Purview Of Art 226': Madras High Court Disposes Plea To Posthumously Confer Bharat Ratna On Former CM Karunanidhi

Chief Justice SV Gangapurwala and Justice C Kumarappan of the Madurai bench observed that the court could not consider the request as it could not issue a direction to the executive to confer an award to a person.

“Such a direction would be beyond the purview of Article 226 of the Constitution”, the court said.

In his plea, Murugan said that Dr Kalaignar M. Karunanidhi was the 'best Chief Minister of Tamilnadu after globalisation' and implemented many schemes such as metro rail, drip irrigation schemes, and various other welfare schemes. It was submitted that he was responsible for IT sector growth, gave free college education for the first graduate in the family, and created 20% reservations for the Most Backward Class community and 3% reservations for Arundhathiyar. It was also submitted that he created 20% reservation for Tamil Medium Students in Government jobs and brought Tamil Nadu as one of the Developed States of India.

Citing the writing of Karunanidhi, the petitioner submitted that the late leader sprinkled out his feelings to reform the society through his writings over stories, poems and 'ponmozhigal' (sayings).

He added that Bharat Ratna was conferred on a person in recognition of exceptional service/performance of the highest order in any field of human endeavour. Thus, Murugan contended that Karunanidhi was fit enough to receive the highest award of Bharat Ratna. Hence, he sought a direction to the Home Ministry and the Tamil Nadu Secretariat to confer Bharat Ratna posthumously on the late leader.

The Court disposed of the plea observing it could not issue a direction to the executive to confer an award to a person.

Case Title: Murugan N v Secretary and Others

Citation: 2023 LiveLaw (Mad) 249

Case No: WP (MD) 21292 of 2023