SC dismisses plea seeking removal of TN minister Senthil Balaji from Cabinet

New Delhi: The Supreme Court on Friday dismissed a plea seeking removal of jailed Tamil Nadu Minister Senthil Balaji, who is facing money laundering charges in connection with the alleged cash-for-jobs scam, from the state Council of Ministers.

A bench of Justices Abhay S. Oka and Ujjal Bhuyan refused to interfere with the order of the Madras High Court disposing of a public interest litigation (PIL) against Balaji continuing as a minister without portfolio in the M.K. Stalin cabinet.

The bench orally observed that a Minister cannot be dismissed by the Governor without the recommendation of the Chief Minister.

In his plea filed before the Madras High Court, the petitioner, advocate M.L. Ravi, questioned the propriety of Senthil Balaji continuing in the cabinet even after he was sent to judicial custody in a case filed by the Enforcement Directorate (ED).

The litigant contended that as per Article 164 of the Constitution, ministers shall hold office during the pleasure of the Governor as he asked how could the Tamil Nadu government go against the will of the Governor and allow a person in judicial custody to continue as a minister?

In its order passed in September 2023, a bench of Chief Justice Sanjay V. Gangapurwala and Justice P.D. Audikesavalu of the High Court had said that continuance of Balaji as a Minister without Portfolio serves no purpose and does not augur well with the Principles of Constitutional ethos on goodness, good governance and purity in administration.

“The Chief Minister of the State of Tamil Nadu may be well advised to take a decision about the continuance of V.Senthil Balaji (who is in judicial custody) as a Minister without Portfolio," it had said.

In an unprecedented action, Tamil Nadu Governor R.N. Ravi in June last year dismissed Balaji from the state Council of Ministers. However, hours after the Tamil Nadu Raj Bhavan issued a press statement on the dismissal of Balaji, it issued another one stating that the decision to dismiss the minister was kept in abeyance.