Governor Sanctioning the Prosecution of the Chief Minister

What’s in today’s article?

• Why in News?
• What is the MUDA ‘Scam’?
• Powers of Sanctioning the Prosecution of the CM
• Intention Behind Governor’s Decision and its Criticism
• Other Instances When Governors Moved Against CMs

Why in News?

• Karnataka Governor sanctioned the prosecution of the Chief Minister in a case of alleged corruption in the allotment of land to his wife by the Mysuru Urban Development Authority (MUDA).

What is the MUDA ‘Scam’?

Powers of Sanctioning the Prosecution of the CM:

• Legal provisions: The sanction has been given (under the Prevention of Corruption Act 1988, and the Bharatiya Nagarika Suraksha Samhitha 2023) based on petitions submitted by social activists.
• The SC ruling on Governor’s discretion:
  • The Governor cited a 2004 ruling by a five-judge bench of the Supreme Court related to Madhya Pradesh.
  • The top court had held that if Governors did not use their discretion based on facts and circumstances, it would lead to a complete breakdown of rule of law.

Intention Behind Governor’s Decision and its Criticism:

• Intention:
  • The Governor is prima facie satisfied that the allegations and the supporting materials disclose commission of offences.
  • The sanction will ensure that a neutral, objective and non-partisan investigation should be conducted.
• Criticism of Governor’s decision:
  • The State government accused the Governor of acting at the behest of the central leadership.
  • The State Cabinet unanimously condemned the central government for misusing the Raj Bhavan to destabilise the government in Karnataka, terming the sanction -
    • Illegal,
    • Unconstitutional and
    • Against the spirit of democracy and federalism.

Other Instances When Governors Moved Against CMs:

• The question of Governor’s discretion: The question whether a Governor can accord sanction to prosecute a CM on his own discretion, rather than the aid and advice of the Council of Ministers, has been addressed only in a few cases.
• Case of Maharashtra: The question concerning the prosecution of former Maharashtra CM (A.R. Antulay) resulted in a judgement by a two-member SC Bench in 1982 that held in favour of the Governor’s discretion.
• Case of TN:
  • This belongs to a decision to prosecute a serving CM (Jayalalithaa) on the basis of a sanction issued by the then Tamil Nadu Governor (Marri Channa Reddy) in 1995.
  • A Division Bench of the Madras HC rejected her challenge to the sanction order, citing the Governor’s immunity under Article 361 that protected him from being answerable to any court regarding his functions.

Q.1. What is Article 361 of the Indian Constitution?

Article 361 of the Constitution of India protects the President of India and the Governors of states from legal proceedings and judicial scrutiny during their terms in office.

Q.2. What is the role of the Governor in the state administration?

The primary function of the governor is to preserve, protect and defend the constitution and the law as incorporated in their oath of office under Article 159 of the Indian constitution in the administration of the state affairs.

Source: When Governors moved against Chief Ministers in the recent past

ToI