Role of Governor in Sanctions Against the Council of Ministers

The Karnataka High Court has paused “precipitative action” based on the Governor’s sanction to investigate the MUDA SCAM against the Chief Minister  until August 29, the next date of hearing.

Governor Sanctions Corruption Probe Against Karnataka CM Siddaramaiah Under PCA and BNSS

• The Karnataka Governor has allowed private investigations against Chief Minister Siddaramaiah on complaints of corruption  under Section 17A of the Prevention of Corruption Act, 1988 (PCA) and Section 218 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS)
  • Section 17A of the Prevention of Corruption Act, 1988 (PCA): As per a 2018 amendment, an inquiry against a public servant for crimes committed while in office can only be proceeded after sanction has been given for investigation.
    • The High Court of  Karnataka in an order stated that sanction was needed as per Section 17A of the PCA by the police after registering an FIR and not at the stage  for filing a private complaint.
  • Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS):  Similar to Section 197 of the previous Code of Criminal Procedure Act, Section 218 of the BNSS is relevant after a chargesheet is filed by the investigating agency. 
• Grounds:  The Governor granted sanction to the probe on the grounds of “Conflict of Interest” as the cabinet is the alter ego of the Chief Minister who is the accused, thus would never give sanction to the probe.
• Question Before the Court: The court has to decide in the MUDA scam case if the Governor is bound by the aid and advice of the Council of Ministers without discretion to withdraw the show-cause notice or if the facts of the case hold significant weightage  to justify the Governor’s decision and go ahead with the trial.

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About The MUDA Scam Case

• The Chief Minister of Karnataka is accused of corruption alleging that the CM’s wife was an illegal beneficiary of the MUDA’s “50:50” Scheme (granting 50% of land in a developed locality in exchange for 50% of the land illegally acquired by MUDA) 
  • The Scheme is being devised by the Mysore Urban Development Authority (MUDA) in 2020 to resolve cases in which the authority had illegally acquired land without informing owners about the acquisition. 
  • The CM’s wife was allotted 14 housing sites in Mysuru in exchange for 3.16 acres of land allegedly acquired illegally by a local authority in the city.

Can the Governor Sanction an Investigation against Council Of Minister Suo Moto

• Constitutional Prescription: As per Article 163 of the Constitution of India, A Governor in the exercise of his functions, except when he is required to exercise his functions in his discretion is bound by the aid and advice of the Council of Ministers with the Chief Minister at the head.
• Chief Minister’s Arguement: 
  • The Governor is bound by the resolution sent by the Council of Ministers on August 1 urging him to withdraw the show-cause notice issued.
  • The Governor instead sanctioned the private investigation without justifying why the allegations require an investigation or a trial.
• Prosecution Arguement: The prosecution has relied on a 2004 Supreme Court precedent in Madhya Pradesh Special Police Establishment v. State of Madhya Pradesh.
  •  In this case, the Governor granted sanction to investigate two ministers in the MP government after the Council of Ministers had rejected the same.
  • Supreme Court Judgement: The Supreme Court has decided in the favour of the Governor’s Sanction based on the inquiry report from the Lokayukta for MP and termed the councils rejection of sanction as irrational.

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