Supreme Court says Madras HC is ‘correct’ to ask T.N. CM to decide about Senthilbalaji’s continuation as Minister without portfolio

V. Senthil Balaji case: Supreme Court dismisses plea to remove Tamil Nadu Minister V Senthil Balaji from Cabinet due to money laundering case.

The Supreme Court on January 5 said the Madras High Court did right to restrain itself and pass the ball to Tamil Nadu Chief Minister M.K. Stalin to take a call about the continuance of V. Senthilbalaji as a Minister without portfolio.

Mr. Senthilbalaji is involved in a money laundering case linked to the cash-for-job scam.

“The order is correct… We concur with the decision taken by the High Court. No interference is called for. The petition is dismissed,” Justice A.S. Oka, leading the Bench, addressed advocate M.L. Ravi, the petitioner-in-person.

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The High Court had asked the Chief Minister to take the decision on Mr. Senthilbalaji’s prospects in the government even as it pointedly observed that “a Minister without portfolio is a constitutional travesty… Political compulsion cannot outweigh the public morality, requirements of good/clean governance and constitutional morality”.

Justice Oka also agreed with the High Court’s finding that the Governor did not have the discretionary power to unilaterally dismiss a government Minister.

“If the Governor chooses to ‘withdraw his pleasure’ in respect of a Minister, he must exercise his discretion with the knowledge of the Chief Minister and not unilaterally. In the present case, the Chief Minister had never consented for the exercise of discretion by the Governor,” the Madras High Court had noted in its September 5 order.