At present the Karnataka assembly has been kept in suspended animation. One of the reasons for keeping an assembly in suspended animation is, as explained by Justice Jeevan Reddy in Bommai’s case, to ensure that imposition of President’s rule does not result in absolute dismissal of the assembly “in the sense of physical death of a living being”. Keeping the assembly in suspended animation does not preclude the President from restoring the government by revoking the proclamation. Consequently in the present context in Karnataka where there is prima facie a clear majority of MLAs supporting B.S. Yeddyurappa’s claim to form a government, the proper course would be to revoke the proclamation imposing president’s rule, invite the leader of a party or combination of parties which has the requisite numerical strength to form the government and ask him or her to substantiate the claim by a vote of confidence on the floor of the House within a reasonable period of 10 to 14 days. If the confidence motion fails and thereafter despite sincere and best efforts by the governor to form an alternative government it is impossible to do so, then as a last resort the Assembly may be dissolved and early elections ordered.

What is of the utmost importance is that in these matters the governor must act independently, impartially and apply his own mind without seeking directions from the Centre or guidance from any political party or political functionary, however important or dominating. It is true that the governor can be removed by the Centre. But it must always be remembered that the governor is not the servant of the Centre. A Constitution Bench of the Supreme Court in Hargovind Pant’s case unanimously and categorically ruled that the governor cannot be regarded as an employee or servant of the Government of India. The Supreme Court further observed, “it is impossible to hold that the governor is under the control of the Government of India. He is not amenable to the directions of the Government of India, nor is he accountable to them for the manner in which he carries out his functions and duties. His is an independent constitutional office which is not subject to the control of the Government of India”.

... contd.