Even if the Governor is not in the state, Siddaramaiah can still resign… Find out what options are available?

New Delhi: The script for a change at the top of power in Karnataka, the Chief Minister’s position, has been written. After a breakfast meeting with ministers and MLAs, Siddaramaiah will proceed to Raj Bhavan and resign as Chief Minister, paving the way for D.K. Shivakumar’s coronation. The Chief Minister’s Office has also confirmed this. However, a new twist in this situation is that Governor Thaawarchand Gehlot left for Mumbai early in the morning due to a family emergency.

The Governor’s absence from Bengaluru has also raised questions about whether the Chief Minister can resign from his post when the Governor is not present. If so, how and to whom can he resign? The Karnataka Chief Minister’s Office has stated that Siddaramaiah will submit his resignation to the Governor’s office even if he is not present.

What constitutional procedures and provisions might be in place in such circumstances? On this, Supreme Court lawyer and constitutional expert RK Singh stated that the Governor can accept the Chief Minister’s resignation even if he is outside the state, i.e., in another state, or even abroad. According to official procedure, the Governor does not have to be present in person at Lok Bhavan (formerly Raj Bhavan) to accept the resignation.

According to constitutional procedure, the Chief Minister can submit his resignation directly to Raj Bhavan officials or send it to the Governor via fax/email. The Governor, who holds a constitutional post, is the constitutional head of the state. The Governor’s position is not limited to a single location or building. He can approve administrative tasks and official letters even while outside the state.

Overall, the Governor’s purview is so broad that “wherever you go, my shadow will be with you.” In addition to accepting the resignation under a caretaker arrangement, the Governor can request the outgoing Chief Minister to serve as caretaker Chief Minister until a new government is formed or an alternative arrangement is made. According to RK Singh, the speciality of the resignation is that it should be clear so that there is no confusion while accepting it.