A three-judge bench wondered how the Governor could say that Ponmudi's reinduction would be against constitutional morality.
Supreme Court had asked TN Governor on why he acted on pending Bills only after it issued notice.
The Supreme Court on Thursday, 21 March, rapped Tamil Nadu Governor RN Ravi for “defying” the court in refusing to re-induct DMK MLA K Ponmudi as a minister after the court suspended his conviction.
It gave the Governor a day’s time to act on it.
Chief Justice DY Chandrachud, hearing the Tamil Nadu government’s plea about the Governor’s refusal, told Attorney General (AG) R Venkataramani the court will “intervene” if the Governor does not act by Friday.
The AG had earlier sought time till Friday to respond, LiveLaw reported.
The bench comprising Chief Justice of India (CJI) DY Chandrachud, Justice JB Pardiwala and Manoj Misra was hearing an application filed by the Tamil Nadu Government seeking a direction to the Governor to accept the recommendation made by the chief minister to reappoint Ponmudi as a minister.
The CJI questioned the AG on the Governor denying the reappointment of Ponmudy saying that it was against constitutional morality.
CJI Chandrachud told the AG: “Mr Attorney General, what is your Governor doing? The conviction has been stayed by the Supreme Court and the Governor says he won’t swear him in! We will have to make some serious observations. Please tell your Governor, we are going to take a serious view of it.”
He asked the AG: “How can the Governor say that, after the Supreme Court stayed his conviction, his reinduction as a minister will be against constitutional morality?”
Reminding the AG that the Governor had to uphold the Constitution, the CJI pointed out: “I may have a different perspective of the man/minister but we have to go by the constitutional law…the CM says we want to appoint this person, the Governor should do so as part of the parliamentary democracy….he’s a ceremonial head (Governor) of the state.”
Referring to the advice the Governor may have received on the issue, CJI Chandrachud said: “Mr Attorney General, we are seriously concerned about the conduct of the Governor. We did not want to say it out loud in court but he is defying the Supreme Court of India. Those who have advised him have not advised him properly. Now the Governor has to be informed that when the Supreme Court stays a conviction, it stays a conviction.”
“If we do not hear from your person tomorrow (22 March), we will pass an order directing the governor to act according to the Constitution. we will pass an order,” the bench told the AG.
The Tamil Nadu Government approached the Supreme Court over the refusal of Governor Ravi to re-induct MLA K Ponmudi as a minister in the state government.
The state filed an interlocutory application in the earlier writ petition filed by it against the Governor over delay in assenting to Bills.
The state sought a stay of the Governor’s decision on 17 March to refuse the appointment of Ponmudi as a minister. Further, the state sought a direction to the Governor to act as per the chief minister’s recommendation to appoint Ponmudi as a Minister.
The state argued that the Governor has to act as per the chief minister’s recommendation in terms of Article 164(1) of the Constitution.
On 17 March, Governor Ravi wrote to Chief Minister MK Stalin saying that the Madras High Court had held Ponmudy guilty of a serious offence amounting to moral turpitude, relating to corruption, and that “his re-induction in the Council of Ministers while he remains tainted of corruption would be against Constitutional morality”.
The Governor stated that the conviction has only been suspended and not set aside by the Supreme Court.
(With PTI inputs)
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