Chennai: In attempting to put the DMK government of Stalin on the mat, Tamil Nadu Governor Ravi has not earned him crowning glory, but landed in an unenviable situation. In his continuing battle with the ruling DMK, he has faltered yet again. Within a span of five hours of announcing the sacking of jailed minister Senthil Balaji on Thursday, he had to eat a crow following the intervention of Union Home Minister Amit Shah.
With the Governor writing to the Chief Minister to put on hold his decision to sack the jailed minister from the Cabinet, the DMK has tasted blood and the ruling party as well as its allies have gone on the offensive against Ravi. The chorus for seeking his recall has only grown louder than ever. For, the Governor had written as early in the last week of May itself pressing for the removal of Balaji from the ministry though he was arrested on June 14.
Now, in a firm and unambiguous response to the Governor, the Chief Minister has made it abundantly clear that his government is firm in retaining Senthil Balaji as a Minister without portfolio. In a missive to the Raj Bhavan, he said “The Governor's views, expressed in his earlier letter are contrary to the constitution. The government is very firm in retaining Senthil Balaji as a Minister without portfolio.” He has written the letter after consultation with senior party colleagues and legal experts and it is said to have landed at the Raj Bhavan on Friday evening itself.
Addressing the media, Finance Minister Thangam Thennarasu said Stalin had, in his letter, explained that under the constitutional scheme of things the appointment and removal of a minister is the prerogative of the Chief Minister. “The Governor had taken this hasty and unilateral decision without any application of mind and necessary legal advice. The Tamil Nadu government disregards and rejects this in toto. For, he has no power vested in him to take this decision. A constitutional Bench of the Supreme Court had given an unambiguous verdict on this.
He is fully aware of the constitutional position that the Governor has no power to act independently in either appointing or dismissing a minister. Yet, he has wantonly taken this audacious step. On the advice of the Union Home Minister, the Governor had kept that in abeyance,” Thennarasu said, adding that all legal options are open depending upon the emerging situation.
“We are not opposed to any fair inquiry into the case related to Senthil Balaji. But, we question the singling out of Balaji when there are corruption cases against former AIADMK ministers, whose residences have been searched. From the opposition to the Governor, why this single-minded pursuit of targeting Balaji? He need not be sacked just because of being arraigned as an accused. Even the chargesheet has not been filed. Hence, it is unacceptable. For, the late Jayalalithaa had remained in office despite charges being framed against her. Even Union Ministers facing criminal cases are continuing in office,” he said and charged that the action directed against Senthil Balaji smacks of political vendetta.
In a lighter vein, senior counsel and DMK Rajya Sabha MP P Wilson, who was also present, said, “If allowed, the Governor will dislodge High Court judges on the pretext that he had administered the oath of office to them. The Governor is well aware that he has no power to dismiss a minister. Even the Constitutional provisions 154, 163, and 164, which he had referred to do not confer him any power as claimed by him. Many apex court judgments have made it amply clear that the Governor's actions would be invalid if taken without the aid and advice of the council of ministers,” he also questioned the relevance of the observations of the Supreme Court in the case against Senthil Balaji for disqualifying him. “When he is in judicial custody, how can he influence or derail the investigation?” asked Thennarasu.
It is interesting to see why the DMK is going out of the way in support of Balaji, who hails from western Tamil Nadu, the Kongu belt. He is a prominent grassroots leader known for his efficiency in winning elections. Beginning his political career in the MDMK of Vaiko during his college days, he switched over to the AIADMK and was with TTV Dhinakaran's AMMK when the AIADMK split. Then he defected to the DMK. Belonging to the dominant OBC Goundar community, he poses a challenge to both the AIADMK and the BJP in the Kongu region.