<p>Tamil Nadu’s ruling Dravida Munnetra Kazhagam (DMK) on Monday mounted yet another attack against Governors by asking them to “stop behaving like Governor Generals” of British India and take time to read the Supreme Court verdict releasing six convicts in the Rajiv Gandhi assassination which it said reinforced the rights of elected governments.</p>.<p>In an editorial, Murasoli, DMK’s official organ, said the Supreme Court verdicts releasing A G Perarivalan and six others in the Rajiv Gandhi case has made it clear that the Governors of states are bound by the advice of the Council of Ministers under Article 161 of the Constitution. </p>.<p>“The Governors who behave like Governor-Generals despite criticizing the British rule have a lot of lessons to learn from the verdicts,” the editorial titled ‘Let the Governor-Generals Read’ said. The attack by the party organ comes days after Chief Minister and DMK chief M K Stalin said the lates verdict is a “proof” that Governors, who are merely appointees of the Union Government, cannot “sit on” decisions taken by elected governments. </p>.<p><strong>Also Read | <a href="https://www.deccanherald.com/national/south/stalin-welcomes-release-of-rajiv-gandhis-assassins-says-verdict-reinforces-rights-of-elected-governments-1161493.html" target="_blank">Stalin welcomes release of Rajiv Gandhi's assassins; says verdict reinforces rights of elected governments</a></strong></p>.<p>It also said the verdict has come at a time the Tamil Nadu governor put in abeyance the 2018 resolution passed by the Cabinet recommending the release of all seven convicts. The Governor not acting under Article 161 of the Constitution by accepting the recommendation of the Cabinet was subjected to legal scrutiny as he sat on the file for long, the editorial said. </p>.<p>The Governor, after sitting on the recommendation for two-and-a-half years, passed the buck to the President of India, which was considered by the Supreme Court, the editorial said, and recalled the verdict in Perarivalan case where the judges invoked the special provision of Article 142 to order his release from prison. </p>.<p>“There is no doubt that the Governor is bound by the decision of the Cabinet. The state government has the right to commute sentencing and the Governor is duty bound to accept it. The state government exercised its rights, but the Governor did not do his duty. That is why the Supreme Court invoked Article 142,” the editorial said. </p>.<p>It also said the Supreme Court mentioned that the Governor’s stand was in contradiction with the Constitution because he has to go by the decision of the Cabinet since he has no “independent power.” “The Supreme Court’s stand in the Perarivalan case was that they are invoking Article 142 to save the powers vested in Article 161,” the editorial added.</p>.<p>The article is aimed at telling Tamil Nadu Governor R N Ravi that he cannot take unilateral decisions on his own and that he has to go only by the advice of the Cabinet headed by Stalin. The editorial also comes amid the DMK’s high-voltage campaign against Ravi for “violating his oath” and demanding his ouster from the post. </p>
<p>Tamil Nadu’s ruling Dravida Munnetra Kazhagam (DMK) on Monday mounted yet another attack against Governors by asking them to “stop behaving like Governor Generals” of British India and take time to read the Supreme Court verdict releasing six convicts in the Rajiv Gandhi assassination which it said reinforced the rights of elected governments.</p>.<p>In an editorial, Murasoli, DMK’s official organ, said the Supreme Court verdicts releasing A G Perarivalan and six others in the Rajiv Gandhi case has made it clear that the Governors of states are bound by the advice of the Council of Ministers under Article 161 of the Constitution. </p>.<p>“The Governors who behave like Governor-Generals despite criticizing the British rule have a lot of lessons to learn from the verdicts,” the editorial titled ‘Let the Governor-Generals Read’ said. The attack by the party organ comes days after Chief Minister and DMK chief M K Stalin said the lates verdict is a “proof” that Governors, who are merely appointees of the Union Government, cannot “sit on” decisions taken by elected governments. </p>.<p><strong>Also Read | <a href="https://www.deccanherald.com/national/south/stalin-welcomes-release-of-rajiv-gandhis-assassins-says-verdict-reinforces-rights-of-elected-governments-1161493.html" target="_blank">Stalin welcomes release of Rajiv Gandhi's assassins; says verdict reinforces rights of elected governments</a></strong></p>.<p>It also said the verdict has come at a time the Tamil Nadu governor put in abeyance the 2018 resolution passed by the Cabinet recommending the release of all seven convicts. The Governor not acting under Article 161 of the Constitution by accepting the recommendation of the Cabinet was subjected to legal scrutiny as he sat on the file for long, the editorial said. </p>.<p>The Governor, after sitting on the recommendation for two-and-a-half years, passed the buck to the President of India, which was considered by the Supreme Court, the editorial said, and recalled the verdict in Perarivalan case where the judges invoked the special provision of Article 142 to order his release from prison. </p>.<p>“There is no doubt that the Governor is bound by the decision of the Cabinet. The state government has the right to commute sentencing and the Governor is duty bound to accept it. The state government exercised its rights, but the Governor did not do his duty. That is why the Supreme Court invoked Article 142,” the editorial said. </p>.<p>It also said the Supreme Court mentioned that the Governor’s stand was in contradiction with the Constitution because he has to go by the decision of the Cabinet since he has no “independent power.” “The Supreme Court’s stand in the Perarivalan case was that they are invoking Article 142 to save the powers vested in Article 161,” the editorial added.</p>.<p>The article is aimed at telling Tamil Nadu Governor R N Ravi that he cannot take unilateral decisions on his own and that he has to go only by the advice of the Cabinet headed by Stalin. The editorial also comes amid the DMK’s high-voltage campaign against Ravi for “violating his oath” and demanding his ouster from the post. </p>
