Guv has no power to dismiss minister unilaterally, would have stopped working legal examination: Experts

NEW DELHI: Lawyers crossing political persuasions revealed confusion at the preliminary extraordinary, unilateral choice of Tamil Nadu guv R N Ravi to sack DMK minister Senthil Balaji, detained just recently on PMLA charges by the Enforcement Directorate, and called it “unconstitutional” and “high-handed” action that makes certain to stop working Supreme Court’s examination. They mentioned that the SC, right from its judgment in S R Bommai case (1994) to Shivraj Singh Chouhan (2020 ), has actually unconditionally ruled that the guv can not act upon administrative matters associating with the state without the help and guidance of the council of ministers headed by the chief minister. Senior supporter Mukul Rohatgi, who was the chief law officer throughout the very first 3 years of the NDA federal government under PM Narendra Modi, stated, “The guv had no power to dismiss a member of the council of ministers unilaterally without the help and recommendations of the CM-led council of ministers. In this case (Tamil Nadu), the guv had actually plainly surpassed his jurisdiction.” Another leading legal representative, who worked as a senior law officer throughout Atal Bihari Vajpayee’s federal government, informed TOI on the condition of privacy that the TN guv sacking a minister, without the CM recommending him to do so, had actually appeared high-handed and would not have actually stood examination in the SC. Former Supreme Court Bar Association president Vikas Singh and senior supporter Nidhesh Gupta were likewise consentaneous that the guv’s action had actually been “unconstitutional”. Singh stated, “The choice was entirely unconstitutional. The guv i
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