Siddaramaiah row: Insidious ways to destabilise elected governments, Kapil Sibal slams BJP

Kapil Sibal criticizes BJP for using "insidious ways" to destabilize elected governments through Governor's actions in Karnataka.

A day after the Karnataka High Court upheld the Governor's approval for an investigation against Chief Minister Siddaramaiah, Rajya Sabha MP Kapil Sibal on Wednesday (September 25, 2024) slammed the BJP and accused it of adopting "insidious ways" to destabilise and topple elected governments.

Mr. Sibal also asserted that a Governor has now become such an authority, through whose work a government can be "dethroned".

In a setback to Mr. Siddaramaiah, the High Court on Tuesday (September 24, 2024) dismissed his petition challenging Governor Thaawarchand Gehlot's approval for a probe against him in the MUDA land allotment case, saying the gubernatorial order nowhere "suffers from want of application of mind".

The Karnataka Chief Minister had challenged the legality of Mr. Gehlot's sanction for the investigation against him in the alleged irregularities in the allotment of 14 sites to his wife by the Mysuru Urban Development Authority (MUDA) in a prime locality.

In a post on X, Mr. Sibal said, “Now Karnataka. BJP’s insidious ways to destabilise and topple elected governments: Luring MLAs, misusing tenth schedule, instilling fear (ED, CBI) and Governors acting beyond their constitutional responsibilities. Then say: ‘For the BJP. Constitution means more than the Gita’!” Mr. Sibal said in an apparent reference to the BJP’s Kharkhauda candidate Pawan Kharkhoda’s reported remarks that for the BJP, the Constitution is holy scripture that means more than the Gita.

Later, addressing a press conference, Mr. Sibal said, "It is not mentioned in Constitution anywhere that a Governor can give a sanction prosecution...the Supreme Court said that if there is an allegation against the CM, the sanctioning authority can only be Governor, the Cabinet cannot allow as it is under the CM. This was the decision of the SC. But when and how it should be given, it is not mentioned in the Constitution, or any court says it. But there is a new trend, where Governor gives notice, and then will hear and decide, it is not mentioned anywhere in the Constitution. The Governor has some constitutional obligations, it doesn't come under it. The Governor cannot become quasi-judicial authority, cannot be a judge...rather he should give the matters to investigating authority," Mr. Sibal said.

The former Union Minister said there should be an investigation first and then sanction. "If he is giving the notice, then it is like quasi-judicial authority, then he is like a judge. Nobody can go against it. A Governor has now become an authority, through whose work, a government can be dethroned," he said.