CHENNAI: Although there may presently be no constitutional bar against appointing rebel AIADMK MLAs as ministers, doing so would raise serious questions of political morality and ethical propriety, VCK general secretary and Villupuram MP D Ravikumar said on Friday amid speculation that some legislators who backed the TVK government in the trust vote could be accommodated in the ministry.
In a post on X addressed to Chief Minister Vijay, Ravikumar said the conduct of the 25 breakaway AIADMK MLAs who voted in favour of the government, contrary to the party whip, could attract disqualification under the anti-defection law.
Quoting the Supreme Court’s verdict in the Subhash Desai case, he said only AIADMK general secretary Edappadi K Palaniswami had the authority to appoint the party whip and issue binding directions to MLAs.
“The political party and not the legislature party appoints the whip and the leader of the party in the House,” Ravikumar quoted from the judgment, adding that MLAs who defied the party direction were liable to face proceedings under Paragraph 2 of the Tenth Schedule.
At the same time, he acknowledged that there was no immediate constitutional prohibition on appointing such MLAs as ministers until they were formally disqualified. Referring to Article 164(1-B), he said the constitutional bar would operate only after disqualification and not while petitions remained pending before the Speaker.
However, Ravikumar argued that legality alone could not justify such a move and said constitutional morality and democratic ethics should guide political decisions.
He suggested that if the government intended to induct the rebel legislators into the cabinet, the “constitutionally cleaner course” would be for them to resign as MLAs, formally join TVK, and seek a fresh mandate through bypolls.
“Ultimately, the decisive question is political rather than legal: will the people accept such defections and re-elect those MLAs under a different party banner?” he asked.