KESAVAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) This writ petition is for Mandamus seeking directions to restrain the first respondent (State of Tamil Nadu represented by the Chief Secretary to Government, Fort St. George, Madras) from permitting the second respondent, Thiru M. G. Ramachandran, Chief Minister of Tamil Nadu from acting in films or engaging himself in any profession, art, calling or employment while he continues to be the Chief Minister of Tamil Nadu.

(2.) The petitioner is a citizen of India and a voter. The second respondent was appointed Chief Minister by the Governor of Tamil Nadu in June 1977. For some weeks now the second respondent has been stating that he was going to engage himself in film acting. Various statements in different forms have been appearing in the newspapers. A news appearing in the daily 'Sunday Standard' a copy of which is annexed to the affidavit to indicate that he has definitely intended to engage in film acting while continuing to be the Chief Minister of Tamil Nadu. The petitioner in his affidavit, after tracing that in this country a cabinet form of Parliamentary Government on the British model has come to be established, also refers to certain provisions of the Constitution of India, particularly, Articles 163 and 164 and states on advice that the Ministership is a full time salaried public office. It is further stated by him that as such the Minister must give his full time to the service of the State as Minister and it is illegal and violation of the Constitution for a Minister to engage in any profession, avocation, trade or calling while continuing to be a Minister.

(3.) The Chief Minister was appointed by the Governor of Tamil Nadu and it is well known that the executive power is vested in the governor who is aided and advised by the Council of Ministers with the Chief Minister at the head. On the advice of the Chief Minister, the other Ministers are appointed.