1 July 2023 : The Hindu Editorial
The Hindu Editorial
1-July-2023
Daily Current Affairs For UPSC ,The Hindu Editorial Summary
1.Governor has acted without forethought in sacking a minister.
Context:
The Tamil Nadu Governor sacked a Minister without the Chief Minister’s advice
Problem:
- The Governor of a state has to always act on the aid and advice of the Council of Minister. To sack any minister, the advice of the CM has to be taken.
- But Tamil Nadu Governor R.N. Ravi took action without caring for the constitution or any precedent.
- He sent out a communication to CM M.K. Stalin that he had dismissed V. Senthibalaji, a State Minister without Portfolio. Senthibalaji is currently in hospital and in judicial custody.
The situation now
- Later, on the advice of the Union Home Minister, he again wrote to the CM that he was withholding the order and was, instead, seeking the opinion of the Attorney General of India.
- The Governor should have taken the decision before passing an order. An ex post facto legal opinion reflects poorly on his decision-making power.
Violation of the Constitution
| 153 | Governors of States
Governor of State |
| 163. | Council of Ministers to aid and advise Governor. |
| 164. | Other provisions as to Ministers. |
- His letter says he was invoking Articles 153, 163 and 164 of the Constitution.
- But these provisions hold that the government should act on the Cabinet’s aid and advice, and the appointment of the Chief Minister and other Ministers.
- The constitutional scheme set out gives no room for doubt that the Governor has no discretion in the matter of appointing and removing ministers.
Governor’s Reasoning:
A moral reason rather than a legal one: He gave two reasons:
- there are allegations against the Minister and
- he refers to a Supreme Court of India’s observations in a recent order.
Conclusion:
It will be desirable if Ministers facing charges quit on their own, or they are removed by the respective CM. But this is no reason to act out of the bound of the Constitution!
Resignation is not a mandatory legal feature.
For Enquiry
1 July 2023 : The Hindu Editorial
1 July 2023 : Daily Current Affairs
1 July 2023 : Indian Express
30 June 2023 : Daily Quiz
30 June 2023 : Indian Express
30 June 2023 : PIB
30 June 2023 : The Hindu Editorial
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29 June 2023 : Indian Express
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