Can Karnataka CM Siddaramaiah resign in governor's absence? What constitution says

Amid ongoing political developments in Karnataka and increasing speculation surrounding a possible resignation of Chief Minister Siddaramaiah, Governor Thaawarchand Gehlot departed from Bengaluru to Mumbai late Wednesday night. With the Governor currently away from Bengaluru, uncertainty has emerged whether the Chief Minister can formally tender his resignation without meeting him personally.

According to Chief Minister’s Office sources quoted by CNN-News18, Siddaramaiah is expected to visit Raj Bhavan between 2:30 pm and 3 pm to submit his resignation. As Governor Gehlot is not in Bengaluru, the resignation letter is likely to be handed over to the Governor’s secretary.

Can CM resign in the governor’s absence?

Under the constitution, a Chief Minister can submit his or her resignation even if the Governor is physically absent, and the resignation addressed to the Governor may be conveyed through official procedures. Traditionally, Chief Ministers personally hand over their resignation directly to the governor during a formal meeting at the Raj Bhavan. After accepting the resignation, the Governor initiates the next constitutional steps, such as appointing a caretaker government or inviting another leader to form the government.

Article 164(1) of the Indian Constitution says, “The Chief Minister shall be appointed by the Governor and the other Ministers shall be appointed by the Governor on the advice of the Chief Minister, and the Ministers shall hold office during the pleasure of the Governor."

This shows that the Governor plays a significant role in the appointment and continuation of the state government. While a CM can always convey resignation through official mode, it will only be quite effective officially after the Governor accepts it and starts the next constitutional process.