Senthil Balaji case: Only CM can decide on removal of arrested minister, says SC
"The high court was right … and left it to the chief minister to decide whether the person concerned should continue as a minister,” the Supreme Court said
Arrested Tamil Nadu minister V Senthil Balaji cannot be removed from the cabinet without the chief minister’s consent, the Supreme Court ruled on Friday (January 5).
Dismissing a request for his sacking by a social activist, the apex court agreed with the Madras High Court's verdict that said the chief minister can only decide whether to ease out Balaji.
High Court ruling
Balaji, a DMK leader who has been arrested by the Enforcement Directorate, is serving as a minister without portfolio.
The high court had said the chief minister can alone decide on his removal as a "minister without a portfolio in the state cabinet serves no purpose".
Apex court concurs
Supreme Court judge Abhay Shreeniwas Oka said: "The high court was right to consider whether the governor has the power to dismiss a minister and left it to the chief minister to decide whether the person concerned should continue as a minister.
"We do not think there is any scope for interference in this. We agree with the view of the Madras High Court, and no interference is required," the judge said.
Social activist ML Ravi had challenged the high court's decision that Balaji should continue as a minister in Tamil Nadu despite his arrest by the Enforcement Directorate in a money laundering case.
