Governor's decision cannot be challenged: Constitutional expert on Karnataka crisis

WION Web Team
New Delhi, IndiaUpdated: May 17, 2018, 08:27 AM IST

WION Web Team

Constitutional expert Subhash Kashyap said on Wednesday that the decision of the Karnataka Governor to invite the BJP to form the government in the state cannot be challenged.

Subhash Kashyap said that as far as the question of which party had the majority was concerned, "it can be proven only on the floor of the house, not at the Raj Bhavan (Governor's House) or by submitting any list."

The constitutional expert further said that while the constitution provided the Governor complete power to appoint anyone the chief minister, the Governor was expected to choose a person who in his judgement is expected to gain a majority in the assembly.

Subhash Kashyap's statements come even as the Supreme Court, in an overnight hearing, refused to stay BS Yeddyurappa's swearing-in ceremony after the Governor invited him to form the government in Karnataka, giving him 15 days to prove his majority in the house.

The top court, however, made it clear that the swearing-in and the government formation in the state would be subject to the final outcome of the case before it.

In the elections held on May 12, the BJP emerged as the single largest party with 104 members.The Congress secured 78 seats, the JD(S) 37 and others three.

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