Reference Text
Time Left10:00
What
threatened
to
become
a
constitutional
impasse
in
Tamil
Nadu
has
been
averted
with
Governor
Ch.
Vidyasagar
Rao
>
allocating
the
portfolios
held
by
the
ailing
Chief
Minister,
Jayalalithaa,
to
her
seniormost
colleague
in
the
Cabinet,
O.
Panneerselvam.
He
also
made
it
clear
that
Mr.
Panneerselvam
will
preside
over
Cabinet
meetings.
The
arrangement,
to
continue
until
Ms.
Jayalalithaa
resumes
her
duties,
is
undoubtedly
a
pragmatic
move,
as
it
addresses
the
concern
about
who
is
responsible
for
governance
in
the
interregnum
caused
by
the
Chief
Minister’s
hospitalisation.
Mr.
Rao
appears
to
have
broached
the
need
for
an
interim
arrangement
with
representatives
of
the
AIADMK
government
as
soon
as
it
became
clear
that
Ms.
Jayalalithaa
would
require
a
prolonged
stay
in
hospital.
Opposition
parties
were
getting
uneasy
over
the
possibility
that
unelected
members
of
her
inner
circle
could
be
calling
the
shots.
Perhaps
the
arrangement
could
have
been
made
a
few
days
earlier,
if
only
the
ruling
party
had
shown
less
reluctance
to
acknowledge
the
reality
that
the
Chief
Minister’s
health
does
not
permit
her
to
discharge
her
duties.
It
is
a
matter
of
satisfaction
that
the
impasse
has
ended.
Given
the
constitutional
bar
on
any
such
inquiry,
it
will
be
unwise
to
question
the
claim
that
the
present
arrangement
has
been
made
'as
per
the
advice'
of
the
Chief
Minister.
Developments
in
1984,
when
Governor
S.L.
Khurana
reassigned
M.G.
Ramachandran’s
portfolios
to
V.R.
Nedunchezhiyan
and
asked
the
latter
to
preside
over
Cabinet
meetings,
constitute
a
guiding
precedent
favoured
by
several
jurists.
D.D.
Basu
says
in
his
Shorter
Constitution
of
India:
'If
the
Governor
allocates
the
functions
of
the
Chief
Minister,
under
Art.166(3),
to
some
other
Minister
during
the
temporary
absence
(say,
illness)
of
the
Chief
Minister,
the
functions
of
the
Chief
Minister
under
the
Constitution
can
be
discharged
by
that
other
Minister,
e.g.,
to
preside
over
meetings
of
the
Council
of
Ministers;
to
communicate
to
the
Governor
the
decisions
of
the
Council
of
Ministers
under
Art.167(a);
to
advise
dissolution
of
the
Legislative
Assembly
under
Art.174(2)(b).'
It
is
often
said
that
the
Constitution
is
wisely
silent
on
some
aspects,
so
that
constitutional
functionaries
are
not
unduly
constrained
by
mere
words
and
may
act
effectively
to
deal
with
a
variety
of
emergent
situations.
However,
given
what
has
transpired
recently
in
Tamil
Nadu,
it
may
be
advisable
to
adopt
the
convention
that
the
minister
next
in
seniority
to
the
Chief
Minister
is
automatically
recognised
as
officiating
chief
executive
when
she
or
he
is
temporarily
unavailable,
due
to
ill-health
or
otherwise.
What
threatened
to
become
a
constitutional
impasse
in
Tamil
Nadu
has
been
averted
with
Governor
Ch.
Vidyasagar
Rao
>
allocating
the
portfolios
held
by
the
ailing
Chief
Minister,
Jayalalithaa,
to
her
seniormost
colleague
in