Tamil Nadu minister V Senthil Balaji retains cabinet seat as plea for removal dismissed

Tamil Nadu minister V Senthil Balaji retains cabinet seat as plea for removal dismissed

In a recent development, the Supreme Court of India has rejected a plea seeking the removal of Tamil Nadu Minister V Senthil Balaji from the State Cabinet. The bench of Justices Abhay S Oka and Ujjal Bhuyan stated that the Governor requires the Chief Minister's recommendation to dismiss a Minister and cannot act independently in such matters. The decision upholds the judgment of the Madras High Court, which had earlier declined the plea to remove the Dravida Munnetra Kazhagam (DMK) minister.

The controversy surrounding Balaji stems from his arrest by the Enforcement Directorate (ED) last year in connection with a money laundering case. The allegations against him involve his purported involvement in a cash-for-jobs scam during his tenure as the Transport Minister in the AIADMK-led Tamil Nadu government from 2011 to 2015. Despite these allegations, Balaji joined the DMK and assumed the role of a minister in 2021.

The Madras High Court, in its observations in September 2023, expressed concerns about Balaji continuing as a State Cabinet Minister without a portfolio. The court remarked that such a situation did not align with the constitutional principles of goodness, good governance, and purity in administration. While advising Tamil Nadu Chief Minister MK Stalin to consider the matter, the High Court refrained from issuing a direct order for Balaji's removal.

Additionally, the High Court raised the question of whether the Governor can unilaterally disqualify a person officiating as a minister if there is no constitutional or statutory disqualification. However, the court did not provide specific directions for Balaji's removal, leading to the appeal before the Supreme Court.

The plea, filed by lawyer ML Ravi, challenged Balaji's continued presence in the Cabinet despite being in judicial custody. The Supreme Court, upon reviewing the High Court's judgment, concurred with its view and stated that no interference was warranted under Article 136.

This decision brings attention to the delicate balance between legal proceedings and political appointments, emphasizing the constitutional protocol involved in the removal of a minister from the Cabinet. As the legal battle unfolds, it remains to be seen how the political landscape in Tamil Nadu responds to these developments and whether further actions will be taken regarding Minister V Senthil Balaji's position in the State Cabinet.

Case: ML Ravi vs Principal Secretary to Governor, Government of Tamil Nadu and ors.
 
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