In an escalating confrontation between Tamil Nadu’s Chief Minister M.K. Stalin and Governor R.N. Ravi, the question of the governor’s power to dismiss a minister has come under the spotlight. The governor’s unprecedented decision to unilaterally dismiss a minister, only to retract the decision hours later, has sparked a debate about the legality of such an action by a state’s figurative head, appointed by the Union government. This incident has brought to the forefront the delicate balance of power in a democratic system and the need for constitutional functionaries to act with dignity and respect for the rule of law.
Thank you for reading this post, don't forget to subscribe!Stalin’s Strong Response
Stalin, in a six-page response to the governor, asserted that the governor has no power to decide who should or should not be part of the cabinet. He stated,
“I reiterate that you have no power to dismiss my ministers. That is the sole prerogative of an elected chief minister. Your unconstitutional communication dismissing my minister without my advice is void ab initio and non-est in law and hence has been disregarded.”
— M. K. Stalin
The chief minister pointed out that the governor appoints and removes ministers only on the advice of the chief minister under Article 164(1), while the chief minister and his council of ministers are answerable to the elected legislative assembly under Article 164(2). He also highlighted that disqualification is attracted only after conviction. “Therefore, merely because an agency has commenced an investigation against a person, he or she does not become legally incapacitated to continue as a minister,” Stalin said.
Stalin’s strong response to the governor’s move has underscored the importance of the chief minister’s role in the appointment and dismissal of ministers. It has also highlighted the need for a clear understanding of the constitutional provisions that govern the relationship between the governor and the chief minister.
Accusations of Bias and Hastiness
Stalin accused the governor of acting in haste with scant regard to the Constitution. He said,
“The fact that within a few hours after you issued such a strongly worded first letter, even alluding to a breakdown of constitutional machinery, a not-so-veiled threat, you withdrew it to seek the opinion of the attorney general. This shows that you had not even taken a legal opinion before such an important decision.”
— M. K. Stalin
The chief minister also charged the governor with maintaining an inexplicable silence on his government’s request for sanctions to investigate/prosecute former ministers and government officials for offences committed during the previous AIADMK regime. He said, “Even the request of CBI for sanction of prosecution in the Gutka case has not been acted upon by you. In fact, these selective actions expose not only your unhealthy bias but also the real intent behind such dual standards adopted by you.”
These accusations by the chief minister have raised questions about the governor’s impartiality and his adherence to the principles of constitutional propriety. They have also highlighted the need for the governor to act in a manner that upholds the dignity and integrity of his office.
The Constitutional Framework and Court Verdicts
The governor’s initial decision to dismiss the minister and his subsequent retraction has raised questions about the scope of a governor’s powers. The Constitution and several Supreme Court rulings have outlined the role, duties, and powers of a governor. The Supreme Court has held that the governor is the formal head and sole repository of the executive power but is incapable of acting except on, and according to, the advice of his council of ministers.
The Constitution provides that the governor appoints and removes ministers on the advice of the chief minister under Article 164(1), while the chief minister and his council of ministers are answerable to the elected legislative assembly under Article 164(2). These provisions underscore the importance of the chief minister’s role in the appointment and dismissal of ministers and the accountability of the council of ministers to the legislative assembly.
The Supreme Court has also held that the governor cannot act on his own and must act on the advice of the council of ministers. In the landmark case of Nabam Rebia and Bamang Felix vs Deputy Speaker and Others, the Supreme Court held that the governor cannot be an “all-pervading presence and superintend every activity of the executive.” The court further held that the governor must remain aloof from any disagreement or discord within the ruling party or its factions.
Implications for Federalism
The current controversy in Tamil Nadu underscores the importance of understanding the constitutional provisions and court verdicts that outline the role and powers of a governor. It also raises sharp questions about federalism, which the apex court has held as part of the basic structure of the Indian Constitution. The unfolding drama in Tamil Nadu is a reminder of the delicate balance of power in a democratic system and the need for constitutional functionaries to act with dignity and respect for the rule of law.
The controversy has also brought into focus the need for a clear understanding of the principles of federalism, which envisages a harmonious relationship between the Centre and the states. The governor, as the representative of the Centre in a state, has a crucial role to play in maintaining this harmonious relationship. However, his actions must always be guided by the Constitution and the rule of law.
Conclusion
The ongoing controversy in Tamil Nadu has highlighted the need for a clear understanding of the constitutional provisions and court verdicts that govern the relationship between the governor and the chief minister. It has also underscored the importance of the principles of federalism and the need for constitutional functionaries to act with dignity and respect for the rule of law. The unfolding drama in Tamil Nadu serves as a reminder of the delicate balance of power in a democratic system and the challenges that arise when this balance is disturbed.