'Governor Can't Dismiss Minister Without CM's Recommendation' : Supreme Court Dismisses Plea To Remove Senthil Balaji As TN Minister

The Supreme Court on Friday (January 5) concurred with a judgment of the Madras High Court which refused to direct the removal of Senthil Balaji as a Minister of the Tamil Nadu Government due to his implication in a money laundering case.

"...perusing the impugned judgment of the High Court, we concur with the view taken... no interference is called for under Article 136," said the Bench of Justices Abhay S. Oka and Ujjal Bhuyan. The bench orally observed that a Governor cannot dismiss a Minister without the recommendation of the Chief Minister.

The Special Leave Petition was filed by ML Ravi, assailing a judgment of the Madras High Court which left it to the Chief Minister of Tamil Nadu to take a call on Balaji's continuation in the Tamil Nadu Cabinet as a Minister without portfolio.

The judgment of the Madras High Court was passed in a plea challenging Balaji's continuation in Tamil Nadu Cabinet consequent to his arrest by the Enforcement Directorate. While hearing the same, Division Bench of the court had questioned as to how it could pass orders against Balaji's continuation as Minister without Portfolio without any specific order by the Governor removing him from Cabinet.

It was noted that even as per the Representation of Peoples Act, a person is not barred from holding the post of a minister merely pending criminal prosecution but only disqualified if found convicted. 

"The Chief Minister of the State of Tamil Nadu may be well advised to take a decision about the continuance of V.Senthil Balaji (who is in judicial custody) as a Minister without Portfolio, which serves no purpose and which does not augur well with the Principles of Constitutional ethos on goodness, good governance and purity in administration," the Madras High Court had said.

Leaving the decision to be made by the Chief Minister of the State, it had observed that if a Governor chooses to 'withdraw his pleasure' in respect of a Minister, he must exercise his discretion with the knowledge of the Chief Minister and not unilaterally. In Balaji's case, the Chief Minister had not consented for the exercise of discretion by the Governor.

Case Title: M L RAVI V. PRINCIPAL SECRETARY TO GOVERNOR, GOVERNMENT OF TAMILNADU AND ORS., SLP(C) No. 026738 - 026739 / 2023