This Article is From Mar 22, 2024

After Court Warning, Tamil Nadu Governor Backs Down, Inducts Minister

The Tamil Nadu Governor last week said he was unable to administer the oath to Mr Ponmudy as it would be against constitutional morality.

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New Delhi:

Tamil Nadu Governor RN Ravi on Friday afternoon re-inducted Dravida Munnetra Kazhagam leader K Ponmudy to the state cabinet. This comes after the Supreme Court on Thursday warned the Governor over his refusing to swear-in Mr Ponmudy - who was the Higher Education Minister - after his conviction, and three-year jail term, in a 2011 disproportionate assets case was stayed.

Post the staying of the conviction, the DMK leader was reinstated as the MLA from Tirukkoyilur in Villupuram district. After this, Chief Minister MK Stalin recommended Mr Ponmudy be brought back into the cabinet; he ceased to be a minister after the Madras High Court reversed his acquittal.

The Tamil Nadu Governor, however, last week had refused to accept the recommendation, saying he was unable to administer the oath to Mr Ponmudy as it would be against constitutional morality. Mr Ravi pointed out that the Supreme Court had only stayed, and not reversed, the conviction.

READ | Tamil Nadu Governor Refuses To Appoint K Ponmudy As Minister

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On Monday the Supreme Court agreed to hear a plea by the Tamil Nadu government.

A bench led by Chief Justice DY Chandrachud came down heavily on Mr Ravi - who has had several run-ins with the state government since his appointment in September 2021. The Governor was told he was "defying the Supreme Court", and said it was "seriously concerned" by Mr Ravi's behaviour. "He has no business to do this... he is taking on the Supreme Court," the Chief Justice said.

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READ | "He's Taking On Supreme Court": Chief Justice Raps TN Governor

"The Chief Minister said 'we want to appoint this person'. The Governor should do so as part of parliamentary democracy... he is (only) ceremonial head of state. If we do not hear from your person tomorrow, we will pass an order directing the Governor to act according to the constitution..."

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Justice JB Pardiwala, also on the bench, remarked that once the highest court in the land had stayed a conviction, "you cannot say that you (the alleged accused) is tainted... there is no blemish".

Mr Ravi's refusal to re-appoint Mr Ponmudy was the latest in a series of face-offs between himself the state government, which has repeatedly accused him of creating hurdles in its work.

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Earlier, Mr Stalin's government moved the Supreme Court over Mr Ravi not clearing bills passed by the state legislature. The court had warned the Governor he must act on the state's advice.

That tussle - which mirrored clashes between the governments of Kerala and Punjab and their governors - also reached President Droupadi Murmu last year; the Tamil Nadu Chief Minister had written asking her to advise Mr Ravi to abide by recommendation of the Council of Ministers.

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Amid demands for Mr Ravi's recall, neither Ms Murmu nor Prime Minister Narendra Modi advised the Governor to abide by the Constitution. Mr Ravi had earlier claimed the Constitution gives him the power to indefinitely put passed bills on hold, which he called a "nice way of saying they are rejected".

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