The Court was hearing two PILs challenging Balaji’s continuation in the Cabinet despite his being in judicial custody.
During the hearing, the petitioners cited Article 164 of the Constitution to claim that the ministers could continue in office only if the Governor supported such decision. In the present case, they contended, the Governor had explicitly recommended that Balaji be stripped of his portfolio, and that he must not be allowed to continue to function as a minister.
Source: Barandbench
