The President and governors only serve as titular heads, Karnataka told the Supreme Court on Tuesday. They must act according to the advice of the council of ministers at both the Centre and state levels.
Senior advocate Gopal Subramanian, representing Karnataka, said Article 361 grants immunity to the President and governors from criminal proceedings. He explained that Section 197 of the CrPC applies to public servants, not ceremonial officeholders who follow ministerial advice.
Subramanian highlighted Supreme Court verdicts showing that a governor’s approval of bills reflects the satisfaction of the council of ministers. He said the Constitution does not allow parallel administration in a state alongside elected governments.
The court, led by Chief Justice BR Gavai, is examining a Presidential reference. It includes 14 questions, such as whether constitutional authorities can indefinitely withhold assent to bills and whether courts can impose strict timelines. Earlier, the West Bengal government told the court that governors and the President cannot override the people’s will expressed through legislation.
The Karnataka government stressed that the President and governors only serve as titular heads, and executive authority flows through elected ministers, not ceremonial officeholders.
