The Supreme Court on Monday refused to entertain a plea seeking a direction to the Secretary of the President and others to immediately recall Tamil Nadu Governor R. N. Ravi from his office.Remarking that the judiciary is also bound by the provisions of the Constitution, a bench of CJI Sanjiv Khanna and Justice Sanjay Kumar termed the prayers contained in the petition “ill-conceived”.
“We cannot grant such prayers. There are constitutional provisions for this (removal of Governor). This court is also bound by the Constitution. The petition is dismissed,” said the CJI Khanna-led Bench.
Under the Constitution, a Governor holds office “during the pleasure of the President” and can be in office for a term of five years if continuing “to enjoy the President’s pleasure”.
In his petition, advocate C.R. Jaya Sukin, the petitioner in-person, said that a catena of apex court judgments had held that the Governor cannot enter the political arena and may discharge only those functions specified in the Constitution.
“As such, the Governor must be aware of the constitutional limits of the power vested in him. He cannot exercise a power that is not conferred on him by the Constitution or any law made under it,” added the petition.
On January 6, the Tamil Nadu Governor walked out of the state Assembly immediately after the session commenced in protest against the National Anthem not being played in the House.
“The Governor respectfully reminded the House of its constitutional duty and fervently appealed to the Chief Minister, who is the Leader of the House, and the Speaker to sing the National Anthem. However, the Assembly ‘stubbornly refused’,” according to the Raj Bhavan.
In a statement, it said, “Not wanting to be a party to such brazen disrespect to the Constitution and the National Anthem, the Governor, in deep anguish, left the House.”
It added that Governor Ravi reminded the Assembly of its constitutional responsibility to sing the National Anthem and even urged Chief Minister M.K. Stalin to ensure this protocol. However, only the Thamizh Thai Vazhthu (the state song) was sung.
Meanwhile, Chief Minister Stalin hit out at Governor Ravi, alleging that he was unable to accept the progress made by the state.
CM Stalin criticised the Governor, particularly for refusing to deliver his speech in the Assembly and protesting the rendering of the national anthem at the conclusion. He accused Governor Ravi of politically motivated behaviour that insulted the dignity of the Assembly and was unbecoming of his office.