EDITORIAL: A MISADVENTURE
The Tamil Nadu Governor R.N. Ravi sent out a communication to the Tamil Nadu Chief Minister that he had dismissed V. Senthilbalaji, a Minister without portfolio who is in judicial custody.
EDITORIAL: A MISADVENTURE
The Tamil Nadu Governor R.N. Ravi sent out a communication to the Tamil Nadu Chief Minister that he had dismissed V. Senthilbalaji, a Minister without portfolio who is in judicial custody. Then, on the advice on the Union Home Minister, he wrote that he'd held the order and instead sought the opinion of the Attorney General of India.
His letter says that he was invoking Articles 153, 163, 164 of the Constitution which deal with the executive power of the State being vested in the Governor, his acting on the Cabinet's advice and the appointment of the CM and other Ministers.
In the past, the framing of charges in the trial court has led to ministers being removed but it remains a moral high ground and not a mandatory feature of the constitutional system.
• Article 153 (Part VI) says that there shall be a Governor for each State.
One person can be appointed as Governor for two or more States.
• He is the part of federal system of Indian polity and acts as a bridge between union and state governments.
• He is appointed by the President by warrant under his hand and seal (Article 155).
• Article 163- "Council of Ministers to aid and advise Governor"
Clause (2) of the article says that a decision of the Governor in his discretion is to be final.
• Article 164 states that the Chief Minister and other Ministers shall be appointed by the Governor on the advice of the CM, and they shall hold office during the pleasure of the Governor.