TN Guv Purohit baffles Stalin with a legal googly

The war of nerves between Tamil Nadu Governor Banwarilal Purohit and Leader of the Opposition MK Stalin took a curious turn on Tuesday with the Chennai Raj Bhavan coming out with a release containing the statement by SG Aney, noted constitutional expert and former Advocate General of Maharashtra about the duties, responsibilities and power of the Governor.

The statement by Aney is in response to a query by Governor Purohit on the issue “Whether the meeting held by the Governor with the district officials of Coimbatore district is in conformity with his role as Governor of a State under the provisions of the Constitution of India”. The Governor had raised this issue following the controversy created by the DMK and the Tamil chauvinistic outfits which questioned the propriety of him visiting the districts and hold meetings with the officials.

Interestingly, Stalin had stated on Monday that his party would continue with the black flag demonstrations against the Governor if the latter visits the districts. “The Governor visiting the districts and holding meeting with officials is a clear violation of the State’s autonomy. I am ready to spend a lifetime in jail to uphold the idea of State autonomy,” Stalin told reporters outside the Secretariat on Monday.

The Raj Bhavan chose the right time to “educate” the DMK working president and his alliance partners about the power enjoyed by the Governor under the Constitution. Aney said that it was unfortunate that the role of the Governor is often mistakenly perceived as purely ornamental. In fact there are several provisions in the Constitution that stipulate otherwise,” said the constitutional expert who then explains in his lucid style various provisions in the Constitution which makes it clear that the apprehensions expressed by Stalin about State autonomy were out of place and unfounded.

“There are specific areas where the Governor would be within his power to act independently, i.e. without aid and advice by the council of ministers. These may include powers under Articles 168(1), 175 (1) and 201. Special Powers contained in Articles 371(2) and Articles 371 A to J empower the Governor with reference to his state to exercise certain executive powers without the aid and advice of his council of ministers and to even commit the administrative and financial resources of the State for certain actions specified in those articles,” said the note given by Aney to Governor Purohit.

The Constitutional expert in his opinion has said that there was no illegality of any kind in the Governor holding meeting with the officials because the Governor enjoys the executive powers. Aney also points out that the Governor convened the meeting of the district officials through the Chief Secretary and the Revenue Commissioner. One of the ministers from the council of ministers was also present during the meeting. The minister has been reported as saying that there was nothing wrong in the meeting.

“The release issued by the Raj Bhavan shows that the black flag demonstrations staged by the DMK against the Governor are being done with ulterior motives. From day one, the Governor had taken pains to explain to the DMK that he was only following the provisions in the Constitution and there was no impropriety in his actions,” said H Raja, national secretary of the BJP. The DMK and the Congress on their parts remained incommunicado till the time of going to Press.