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Opinion: Did the governor make a big mistake by sacking the minister accused of corruption without the consent of the CM? Know Rajiv Gandhi Vs Zail Singh Controversy


The case of Tamil Nadu is that a minister Senthil is tainted in corruption prices. He will get jailed and his bail can also be rejected. After this, Chief Minister Stalin takes again the division from him, but additionally says that he’ll proceed to be a minister without the division. Now, right here the query technically arises whether or not he has ethical floor to proceed as a minister? Cannot he affect the proof on the foundation of his clout and attain…and, maybe for that reason he has not been given bail. Now in such a case whether or not he ought to be a minister or not, the complete controversy is barely on this. 

Just like Satyendar Jain’s case

In Delhi, Satyendar Jain was saved as a minister by Kejriwal ji even after months of going to jail. So, regardless that it was a related case, it was worse. Jail Minister Satyendar Jain himself had gone to jail, but his resignation was not being taken. Now the Governor of Tamil Nadu has come to the heart of this complete matter as a result of the Governor has a clear constitutional duty that he’ll appoint the Chief Minister and he has the proper to nominate or dismiss the ministers, however he’ll work solely on the recommendation of the Chief Minister. The Governor is the consultant of the President and his work is restricted that he’ll work solely on the recommendation of the Chief Minister. Due to this fact, questions are being raised on the Governor on this matter. 

Article 164 and the powers of the Governor

The issues which are being mentioned about the Governor of Tamil Nadu that he has crossed the limits of the submit or has made some mistake. Article 164 may be very clear about this. In accordance with it, the Governor will appoint the Chief Minister and after that the relaxation of the ministers can even be appointed by the Governor on the recommendation of the Chief Minister, however he’ll accomplish that solely on the recommendation of the Chief Minister. The ministers will stay on their posts so long as the Chief Minister needs. To grasp the position of the Governor, we should always take a look at the relaxation of the Supreme Court docket circumstances, one of which is the case of Karunanidhi, the father of the current Chief Minister Stalin.

The case of Karunanidhi vs Union of India

This case was of M Karunanidhi Versus Union of India. The choice on this got here on 20 February 1979. It was mentioned in it that the authority which appoints, then the identical authority additionally has the energy to dismiss. That’s, if the governor appoints the cupboard, then he additionally has the proper to dismiss these individuals who have been appointed by him, this may be defined on the foundation of this choice. The doubt or downside has occurred in Tamil Nadu simply because they took this choice without consulting the Chief Minister. For that reason his choice was additionally criticized and needed to be withdrawn.

Powers of the Governor and the Supreme Court docket 

The query arises whether or not the governor has the proper to do that, then the reply is that he doesn’t have such a proper. The Structure may be very clear on this matter and 164A says that the Governor will do what the Chief Minister recommends. The truth is, lately, in a single of its selections, the Supreme Court docket, in the case named Subhash Desai vs. Principal Secretary, Governor of Maharashtra, clearly said that the Governor doesn’t have the proper to enter the political area or Resolve inter-party issues.  As quickly as it’s mentioned that he can’t enter the political area, it signifies that even when there’s a matter in which there’s ethical stress on the Chief Minister, the Governor can’t do that work, nor can he power the Chief Minister. Are. That is purely the prerogative of the Chief Minister. 

Rajiv Gandhi vs Zail Singh 

We should always keep in mind that the tensions between the former Prime Minister Rajiv Gandhi and the then President Giani Zail Singh had elevated a lot. A e-book has come lately, it’s talked about in it that he needed to take away Rajiv Gandhi. Couldn’t take away Simply as the President’s powers are restricted, so are the Governor’s, except there’s a completely extraordinary and historic scenario, he can’t train his will in any elected authorities, in any other case a constitutional disaster will come up.

Morality aside, constitutional power with CM

Now that is the means ahead and morality additionally says that when he went to jail on the first day, Stalin ought to have taken the resignation of Minister Senthil. We additionally noticed one such instance in the case of LK Advani, when he was accused of involvement in the hawala rip-off and instantly resigned. After that, he went again to the Lok Sabha solely after being acquitted. So, morally the Chief Minister ought to be eliminated, particularly when he’s attempting to battle the opposition unitedly in the 2024 elections, be it RJD’s Lalu Prasad, Aam Aadmi Celebration chief or Stalin The contaminated of the social gathering, there might be no political acquire by staying with them. It’s right that the governor doesn’t have this proper. In the case of Maharashtra, we noticed that when Shinde was sworn in as the Chief Minister, the Supreme Court docket might not have overturned that call, but it surely undoubtedly mentioned that the choice was not very reasonable. The Governor of Tamil Nadu did nicely to withdraw his choice, in any other case he would have been reprimanded by the court docket.

[नोट- उपरोक्त दिए गए विचार लेखक के व्यक्तिगत विचार हैं. ये जरूरी नहीं कि एबीपी न्यूज़ ग्रुप इससे सहमत हो. इस लेख से जुड़े सभी दावे या आपत्ति के लिए सिर्फ लेखक ही जिम्मेदार है.]

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