Context

The conduct of the Tamil Nadu Governor has been constitutionally questionable with his refusal to allow the re-induction of K. Ponmudy into the Tamil Nadu Cabinet has been exposed as unwarranted.

Questionable Conduct of Tamil Nadu Governor

• Criticism by Supreme Court: Following criticism from the Supreme Court, the Tamil Nadu Governor administered the oath of office and secrecy to Mr. Ponmudy, whose conviction in a corruption case was recently stayed by the Court.
  • This has resulted in his eligibility to be a Member of the Legislative Assembly (MLA) being restored.
• Tamil Nadu Governor’s Stand: He had taken the stand that it would be against “constitutional morality” to re-induct Mr. Ponmudy based on the stay of conviction. 
  • In the Governor’s interpretation, the order of the two-judge Bench, staying the conviction recorded by the Madras High Court, was only by way of interim relief and did not amount to its being set aside.
• Questionable Interpretation: The interpretation was quite questionable, as the legal consequences that flow from a criminal conviction in a corruption case viz. loss of eligibility for being a legislator and, therefore, for being a Minister stand suspended as soon as the conviction is stayed. 
  • Parliament and the State legislatures restore the membership of those convicted as soon as the conviction is stayed, even if their seats had been declared vacant.
• Morality vs Legality: The Governor’s confusion of morality and principles of good governance with legality seemed deliberate.
• Politicization: Another explanation is that the governor’s conduct is driven, not by constitutional norms, but by the political assignment given to them by those appointing them.

Conclusion

Despite the constitutional challenges, the re-induction of K. Ponmudy signals resilience and adherence to democratic principles in India.

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