Governor can’t remove minister without recommendation of Council of Ministers: Supreme Court

Tribune News Service

Satya Prakash

New Delhi, January 5

Amid a raging debate over the role of governors, the Supreme Court on Friday said the governor of a state has to act on the recommendation of the Council of Ministers.

A Bench led by Justice AS Oka dismissed an appeal against the Madras High Court’s order refusing to entertain a petition seeking sacking of V Senthil Balaji as a minister in the Tamil Nadu Government following his arrest in a money-laundering case, saying no interference was called for under Article 136 of the Constitution under which the top court entertains special leave petitions.

“Prima facie, the high court is right that the Governor could not have dismissed the minister. The Governor has to act on the recommendation of the Council of Ministers. After having heard the petitioner in person and perusing the impugned judgment of the high court, we concur with the view taken by the high court,” the Bench said.

While referring to the Governor’s discretionary powers in such matters, the high court had said, “If the 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 the present case, the Chief Minister had never consented for the exercise of discretion by the Governor.”

Balaji was arrested on June 14, 2023, by the Enforcement Directorate in a money-laundering case related to a cash-for-jobs scam when he was the transport minister in the AIADMK Government. Balaji was divested of his portfolios in the current DMK Government following his arrest but continued to be a minister.

Tamil Nadu Governor RN Ravi had in June 2023 “dismissed” Balaji from the Council of Ministers “with immediate effect”, but informed Chief Minister MK Stalin that he wanted to keep his decision in abeyance after his decision came under criticism.

Advocate ML Ravi had challenged Balaji’s continuance in the Tamil Nadu Cabinet despite being in jail.

”If the 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 the present case, the Chief Minister had never consented for the exercise of discretion by the Governor,” the high court had said rejecting his plea.

”Moreover, it would also be a matter of debate as to whether the Governor can unilaterally disqualify a person officiating as a Minister, though he has not incurred any disqualification under the Constitution of India or under any statute,” the high court had said.

Thereafter, he challenged the Madras High Court’s order refusing to quash the Tamil Nadu Governor’s order keeping in abeyance his decision to sack Balaji as a minister.

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