The Supreme Court of India (SC) on Friday dismissed a plea against the Madras High Court’s September 2023 judgment that left it to the chief minister of the state of Tamil Nadu to decide if Minister V. Senthil Balaji, who was arrested due to his alleged involvement in money laundering linked to a jobs-for-cash scam case, should continue in the state cabinet.

The bench of Justices Abhay Shreeniwas Oka and Ujjal Bhuyan refused to interfere with the High Court’s judgment under Article 136 of the Constitution of India, which authorizes the SC to entertain ‘Special Leave Petitions’ in the interest of justice. The bench, in an oral statement, reportedly held that a governor requires the recommendation of the chief minister for the removal of a minister who is in custody and cannot do so independently.

It is alleged that Balaji, the current Tamil Nadu Electricity Minister, sought bribes from third parties promising jobs in the Transport Department during his tenure as the state’s Transport Minister between 2011 and 2015. On June 14, 2023, the Enforcement Directorate (ED) of India arrested him. He has been placed in judicial custody until January 11.

Following Balaji’s arrest, all his portfolios were withdrawn but he continued to be a part of the cabinet. RL Ravi, an advocate, challenged the same before the Madras High Court. The court rejecting his petition stated:

Neither the Constitution nor the Representation of People Act of 1951 disqualifies a person to be a Member of the State Legislative Assembly after he is under custody or is undergoing trial after framing of the charges.

The court, however, “advised” the state chief minister to decide if Balaji should continue as a minister as retaining a minister without portfolios “serves no purpose” and “does not augur well with the Principles of Constitutional ethos on goodness, good governance and purity in administration.”