The Supreme Court today came down heavily on Tamil Nadu Governor RN Ravi for his refusal to re-induct a DMK leader as minister despite a pause on his conviction. In strong remarks, Chief Justice of India DY Chandrachud said the Governor was "defying the Supreme Court" and asked the Centre, "If the Governor does not follow the Constitution, what does the government do?"
The bench, also comprising Justice JB Pardiwala and Justice Manoj Misra, has now given the Governor a day's time till tomorrow to appoint DMK's K Ponmudi as minister.
The MK Stalin government has approached the Supreme Court after Mr Ravi refused to re-induct Mr Ponmudi into the state cabinet, saying it would be against Constitutional morality. Mr Ponmudi was disqualified as an MLA after the Madras High Court recently reversed his acquittal in an assets case. Thereafter, the Supreme Court paused his conviction and the sentence of a two-year jail term. The state government had then moved to reinstate him as minister, but the Governor stressed that his conviction has only been suspended and not set aside.
"If we do not hear from your person tomorrow, we will pass an order directing the Governor to act according to the constitution. We are seriously concerned about the Tamil Nadu Governor and his behaviour. He has no business to do this. He is taking on the Supreme Court," the Chief Justice said. "We are keeping eyes open and tomorrow we will decide. We are seriously concerned," he doubled down.
The Chief Justice said the Governor is "defying the Supreme Court". "Those who have advised him have not advised him properly," he said. "I may have a different perspective of the man/ minister, but we have to go by the constitutional law. The Chief Minister says we want to appoint this person, the Governor should do so as part of the parliamentary democracy. He's a ceremonial head of the state."
Justice Pardiwala said that once a conviction is stayed, "you cannot say that you are tainted, there is no blemish".
Appearing for the Tamil Nadu government, Senior Advocate Abhishek Singhvi questioned if there is a "diarchy" in the state "so that two swords have to be kept together?"
"Why do we have to come to the Supreme court each time? That is the question. He (Ponmudi) is an eight-time MLA and if he is let off tomorrow, can this term of assembly session come back? How can the Governor write such letters?"
Mr Ravi's refusal to appoint Mr Ponmudi as minister is the latest in a series of face-offs between his office and the MK Stalin government after he took over Tamil Nadu Governor in 2021. The DMK government has repeatedly accused him of creating hurdles in its work.
Earlier, the state government had approached the Supreme Court over the delay in the Raj Bhavan clearing Bills. The court had then said the Governor must act on the advice of the Council of Ministers. The tussle had also reached the Rashtrapati Bhavan, when Chief Minister Stalin wrote to President Droupadi Murmu last year, seeking Mr Ravi's removal from the top post.
