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Critical Topics and Their Significance for the UPSC CSE Examination on April 16, 2025

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Governor gives the nod to prosecute Karnataka CM

For Preliminary Examination: Current events of national and international importance

For Mains Examination: GS II - Indian Polity & Governance

Context:

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

Read about:

Governor and discretion powers

Governors and States tussle

Key takeaways:

• Karnataka Governor Thaawarchand Gehlot approved the investigation and prosecution of Chief Minister Siddaramaiah over alleged corruption related to the allocation of land to his wife by the Mysuru Urban Development Authority (MUDA)
• The approval followed petitions from Bengaluru-based social activists Pradeep Kumar S.P. and T.J. Abraham, along with Mysuru-based Snehamayi Krishna.
• In a six-page communication to Chief Secretary Shalini Rajneesh, the Governor’s Secretariat stated that the approval was granted under Section 17A of the Prevention of Corruption Act, 1988, for investigation, and Section 218 of the Bharatiya Nagarika Suraksha Samhitha, 2023, for prosecution, based on the offenses detailed in the petitions
• Siddaramaiah convened an emergency State Cabinet meeting, where members unanimously condemned the Governor’s decision, labeling it “illegal, unconstitutional, and contrary to the principles of democracy and federalism.”
• The Cabinet resolved to contest the matter legally. The Chief Minister ruled out resignation and expressed gratitude to his Cabinet colleagues for their support.
• In his communication, the Governor referenced a 2004 Supreme Court ruling by a five-judge Bench related to Madhya Pradesh, which stated that Governors must use their discretion based on facts and circumstances to prevent a breakdown of the rule of law, where governments might refuse sanction despite clear evidence of a prima facie case

• The Governor has the discretion to appoint the Chief Minister in situations where no single party has a clear majority in the Legislative Assembly. The Governor can choose the leader who, in their opinion, is most likely to command the confidence of the Assembly. This is often exercised in a hung assembly or post-election scenarios
• The Governor can dissolve the Legislative Assembly if the Chief Minister advises so, usually following a loss of majority. However, if the Governor believes the advice is motivated by improper considerations, they can exercise discretion in withholding dissolution, especially if an alternative government formation is possible