Governor out of town, can Siddaramaiah still resign? What Constitution says
With Karnataka Governor Thawar Chand Gehlot out of the state on medical grounds, questions have emerged over how Chief Minister Siddaramaiah can formally resign under Article 164 of the Constitution and whether the Governor's physical presence is necessary for accepting the resignation.
Dramatic political developments continue to unfold in Karnataka, with Chief Minister Siddaramaiah likely to meet the Governor to submit his resignation. However, Governor Thawar Chand Gehlot has travelled to Indore due to a medical emergency.
A Chief Minister cannot formally resign without submitting the resignation to the Governor under Article 164 of the Constitution.
The Governor left Bengaluru at around 10.30 pm on Wednesday on an 11.30 pm flight to Indore, his hometown, due to a family emergency, with no return flight booked yet.
However, sources in the Chief Minister’s Office said Siddaramaiah will still tender his resignation to the Governor’s office.
Now, in such a scenario, when the Governor is not physically present in the state and Siddaramaiah wishes to resign, what are the constitutional procedures that come into play?
According to Supreme Court lawyer and constitutional expert RK Singh, a Governor can accept a Chief Minister’s resignation even while being outside the state, in another state, or abroad.
As per official procedure, it is not necessary for the Governor to be physically present at the Raj Bhavan to accept the resignation.
The Chief Minister can submit the resignation to Raj Bhavan officials directly or send it to the Governor through fax or email.
A Governor, as a constitutional authority, is the constitutional head of the state. The office is not confined to a particular building or location. Even while staying outside the state, the Governor can approve administrative decisions and official documents.
In other words, the Governor’s constitutional authority travels with the office itself. Even from a hospital bed, the Governor can accept a resignation if he chooses to do so. There is no constitutional doubt about this.
Under caretaker arrangements, after accepting the resignation, the Governor may request the outgoing Chief Minister to continue as “caretaker Chief Minister” until a new government is formed or an alternative arrangement is made.
According to RK Singh, the key requirement for a resignation is that it must be clear and unambiguous, leaving no confusion at the time of acceptance.
Dramatic political developments continue to unfold in Karnataka, with Chief Minister Siddaramaiah likely to meet the Governor to submit his resignation. However, Governor Thawar Chand Gehlot has travelled to Indore due to a medical emergency.
A Chief Minister cannot formally resign without submitting the resignation to the Governor under Article 164 of the Constitution.
The Governor left Bengaluru at around 10.30 pm on Wednesday on an 11.30 pm flight to Indore, his hometown, due to a family emergency, with no return flight booked yet.
However, sources in the Chief Minister’s Office said Siddaramaiah will still tender his resignation to the Governor’s office.
Now, in such a scenario, when the Governor is not physically present in the state and Siddaramaiah wishes to resign, what are the constitutional procedures that come into play?
According to Supreme Court lawyer and constitutional expert RK Singh, a Governor can accept a Chief Minister’s resignation even while being outside the state, in another state, or abroad.
As per official procedure, it is not necessary for the Governor to be physically present at the Raj Bhavan to accept the resignation.
The Chief Minister can submit the resignation to Raj Bhavan officials directly or send it to the Governor through fax or email.
A Governor, as a constitutional authority, is the constitutional head of the state. The office is not confined to a particular building or location. Even while staying outside the state, the Governor can approve administrative decisions and official documents.
In other words, the Governor’s constitutional authority travels with the office itself. Even from a hospital bed, the Governor can accept a resignation if he chooses to do so. There is no constitutional doubt about this.
Under caretaker arrangements, after accepting the resignation, the Governor may request the outgoing Chief Minister to continue as “caretaker Chief Minister” until a new government is formed or an alternative arrangement is made.
According to RK Singh, the key requirement for a resignation is that it must be clear and unambiguous, leaving no confusion at the time of acceptance.
