New Delhi: Mincing no words, the Supreme Court on Thursday said it was seriously concerned over the conduct of Tamil Nadu governor R N Ravi as he was defying a judgement passed by apex court to reinduct K Ponmudi in the state cabinet.
The apex court gave a one-day deadline to the governor to reinduct Ponmudi while slamming him for acting like an extra-constitutional authority.
The Court was hearing a plea by Tamil Nadu government seeking direction to the governor to re-induct DMK leader K Ponmudi into the state cabinet after his conviction in a criminal case.
A three-judge bench led by Chief Justice of India D Y Chandrachud and comprising Justices J B Pardiwala and Manoj Misra, told the Attorney General R Venkataramani, representing the TN governor, “We are seriously concerned about the conduct of the governor. We did not want to say it aloud in the court, but you are constraining us to say that loud. This is not the way because he is defying the Supreme Court of India”.
“When a two-judge bench of the Supreme Court stays a conviction, the governor has no business to tell us that it does not wipe out the conviction…that means those who have advised, they have not advised him correctly in accordance with law. The governor better be informed when the Supreme Court stays a conviction, the law has to follow its course. We give you overnight, otherwise we declare judgement tomorrow," the CJI told the AG.
The bench said that if the court does not hear from the AG in a positive manner then it will pass the order, and stressed, "We will not fall short of passing an order directing the governor to act in accordance with the Constitution". "We want to avoid that situation by giving the governor an opportunity to set the constitutional position right," the CJI said.
The AG objected to the application filed by the Tamil Nadu government in a pending petition and added that any state will come and say in any circumstances it will invoke Article 32. “We will hear you right now, if that is your submission and pass an order," the CJI told the AG. The CJI said the court will do more than reflection once it delivers the judgement.
The Tamil Nadu government said the apex court through an order dated March 11, 2024, suspended the conviction of Ponmudi specifically for the reason that he should not suffer disqualification from holding office of minister or MLA. “While suspending the conviction, this Hon’ble Court has recorded a finding that disqualifying him for holding office of Minister & MLA would be an irreversible situation”, said the plea.
The CJI said that he (the Governor) may have a different perspective of the man (Ponmudi), but "we have to go by constitutional law". The bench said that if the Chief Minister says 'we want to appoint this person', the governor should do so as part of parliamentary democracy.
Justice Pardiwala said that once a conviction is stayed, "you cannot say that you are tainted, there is no blemish". "We are keeping our eyes open and tomorrow we will decide. We are seriously concerned," the CJI doubled down. “Our order has to be given effect to; it is not about subjective perception about the minister etc. The Governor is a titular head, and he has the power to counsel that is all”, said the bench.
The apex court told the AG that he should come back by Friday, or else it could pass order in the case. Senior advocates A M Singhvi and P Wilson, representing the Tamil Nadu government, vehemently argued that this is something which would shock the conscience of the court. The counsel said the primacy of the elected government is a part of the Basic Structure of the Constitution, and further argued that the act of swearing in has been stayed by the governor, which has not happened in 75 years.
However, the AG contended that the present application has been filed in an unconnected petition, which was related to the governor not clearing the files in connection with the legislative enactments. "How can fundamental rights be violated by an oath not being administered? What fundamental rights are violated. I have serious objections to this," said the AG.
