JOIN USGovernor can't act on Eshwarappa complaint: Experts
The complaint against Chief Minister B S Yediyurappa by Rural Development and Panchayat Raj Minister K S Eshwarappa to the governor is of little significance, as the governor has no powers to interfere in the state’s administration, according to legal experts.
The role of the governor is restricted to offering advice to the CM in times of crisis or during untoward developments, they say.
According to former advocate-general Prof Ravivarma Kumar, the governor cannot interfere in the daily affairs of the government.
“There is no provision in law for a minister to file a complaint against the CM,” he said.
The chief minister has supreme powers in state administration and to take decisions on the affairs of any department directly, he said.
Senior advocate B V Acharya recalled a decision by the High Court during the tenure of S M Krishna as chief minister.
“One of the decisions taken by him without consulting his Cabinet was challenged in court. While the single bench cancelled the CM’s order, another bench of the court upheld his decision,” he said, noting that the CM had the powers to intervene in any department.
In another instance, an appeal filed by the law department against the release of an accused in a case was cancelled by then chief minister S Nijalingappa, he added.
Another senior advocate Uday Holla, said that any decision on the state’s administration was left to the discretion of the CM.
“The governor can advice the CM and ministers to set aside their differences to ensure welfare of the state. However, he cannot interfere based on a complaint by the minister,” he added.