Karnataka High Court to examine Governor’s appeal on power to suspend KPSC chairperson without Cabinet advice
The Karnataka High Court is reviewing an appeal by the Governor's office regarding the suspension of the KPSC chairperson. The case centers on whether the Governor can suspend a constitutional body head without prior advice from the Council of Ministers.
Why it matters
The ruling will clarify the limits of gubernatorial power and the procedural requirements for disciplining heads of constitutional commissions in India.
The High Court of Karnataka on Wednesday issued notice to suspended KPSC chairperson Shivashankarappa S. Sahukar on an appeal by the Special Secretary to the Governor challenging a single judge’s recent ruling that the Governor could not suspend the chairperson, even in urgent circumstances, without the aid and advice of the Council of Ministers, and that post facto approval by the Council was invalid.
A Division Bench comprising Chief Justice Vibhu Bakhru and Justice K.S. Hemalekah adjourned further hearing till December 2.
The single judge erred by invalidating the July 10 suspension for lack of prior “aid and advice” from the Council of Ministers, it was contended in the appeal, while pointing out that the urgent action was justified as the chairperson’s alleged failure to disclose his daughters’ participation in KPSC recruitment had triggered public outrage, threatening the commission’s credibility.
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