Karnataka High Court to examine Governor’s appeal on power to suspend KPSC chairperson without Cabinet advice

A view of the High Court of Karnataka 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.Question of credibilityThe 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.Relying on the doctrine of ratification, it has been pointed out in the appeal that the Council of Ministers formally approved the Governor’s action of suspension on July 19. Citing the Supreme Court’s three-judge bench ruling in P.P. Singh, the appellant maintained that subsequent ratification validates the original action and dates back to its issuance, effectively curing any procedural infirmity as there was no conflict between the decision of the Governor and the Council of Ministers.It has been pointed out in the appeal that allowing continuation of the single judge’s interpretation would have dire consequences as it would “seriously impair the functioning” of constitutional bodies and “substantially dilute” the Governor’s power under Article 317(2) of the Constitution to act decisively against the chairperson or members of State public service commissions when an institution’s integrity is at stake.The single judge on August 18 set aside the Governor’s July 10 order of suspending Mr. Sahukar while giving liberty to the Governor to take a decision with the aid and advice of the Council of Minister.Fresh orderThough the Governor had passed a fresh order suspending Mr. Sahukar after the single judge’s order, the present appeal has been filed challenging the interpretation of law by the single judge in holding that the Governor cannot act independently under Article 317(2) of the Constitution. Published - September 02, 2026 07:08 pm IST