Karnataka Governor Returns 11 Bills In 8 Months; Congress Fumes "Why Have Governments"

Four Bills were sent back on August 17, the day Gehlot approved the prosecution of Siddaramaiah in the alleged Mysuru Urban Development Authority (MUDA) scam

India Edited by Updated: Aug 29, 2024, 12:15 pm
Karnataka Governor Returns 11 Bills In 8 Months; Congress Fumes

Thawarchand Gehlot took oath of office on July 11, 2021. 

Since January this year, the Karnataka Raj Bhavan has returned 11 Bills, including crucial legislation aimed at tackling corruption in public examinations and fraudulent property registrations. The last month alone saw nine of these Bills sent back, with some being returned twice. Governor Thaawarchand Gehlot has requested clarifications on each one. At present, all 11 Bills are being reviewed by the respective government departments.

Governor Gehlot’s repeated refusals to grant assent have drawn sharp criticism from the Congress-led state government, which is already under pressure following Gehlot’s approval for the investigation and prosecution of Chief Minister Siddaramaiah in an alleged land scam.

Six of these Bills were returned in August. Of these, four Bills were sent back on August 17, the day Gehlot approved the prosecution of Siddaramaiah in the alleged Mysuru Urban Development Authority (MUDA) scam—a move that triggered a political storm. The day before, Gehlot had sought clarifications on two other Bills.

Deputy Chief Minister DK Shivakumar accused the Governor of acting under the influence of BJP lawmakers. “Let him seek clarification—that’s not wrong. But why have governments if Bills aren’t cleared?” Shivakumar questioned, according to the Deccan Herald.

Thawarchand Gehlot, a BJP veteran,  was sworn in as the 19th Governor of Karnataka on July 11, 2021, succeeding Vajubhai Rudabhai Vala. Gehlot, who began his political career in 1962 with the Jan Sangh and was actively involved with the Rashtriya Swayamsevak Sangh (RSS), has held top positions within the BJP. He is well-acquainted with Karnataka, having served as the state’s in-charge from 2006 to 2014 during his tenure as party general secretary.

This conflict mirrors the ongoing struggle in Tamil Nadu, where Governor RN Ravi’s delays in clearing Bills prompted the DMK government to seek intervention from the Supreme Court last year. Ravi had earlier claimed the Constitution gives him the power to indefinitely put passed bills on hold, which he called a “nice way of saying they are rejected”.

Among the returned Bills is the Karnataka Public Examination (Measures for Prevention of Corruption and Unfair Means in Recruitment) Bill, which proposes stringent punishments, including up to 10 years of imprisonment and fines up to Rs 10 crore, along with the confiscation of property for those found guilty of corruption in recruitment exams.

This Bill, passed in December last year, was first sent back in January, with Gehlot returning it a second time on January 16, citing a lack of “adequate consultations with concerned authorities.” The Bill was introduced in response to alleged irregularities in the recruitment of police sub-inspectors during the tenure of the previous BJP government.

Another returned Bill, the Karnataka Hindu Religious Institutions and Charitable Endowments (Amendment) Bill, was sent back citing a pending Supreme Court case. This Bill, passed in March, proposed creating a common pool fund under the Hindu Religious Institutions and Charitable Endowments Department to improve amenities at smaller temples and provide insurance cover and compensation for priests’ families.

“Has the state government conceptualised any legislation to encompass other religious bodies in a similar fashion as this Bill?” read the clarification sought from Gehlot’s office.

The Registration (Karnataka Amendment) Bill 2024, which sought to introduce reforms such as allowing the registration of documents without physical presence at sub-registrar offices and eliminating handwritten khatas, was also returned by the Governor.

Karnataka Revenue Minister Krishna Byre Gowda noted that similar amendments had been successfully implemented in Maharashtra and Madhya Pradesh, Gehlot’s home state. “The Governor is seeking clarifications and asking questions, things which are not his domain. Such moves threaten the sanctity of the legislature,” Gowda said.

“The Governor cannot question the will of the state legislature, which represents the will of the people,” Gowda remarked, adding that any challenges to the legality of a Bill should be addressed in court.

The Congress government’s proposal to raise revenue by allowing developers to pay a “premium” for constructing additional floors in buildings beyond what is currently permissible was also met with resistance. The Karnataka Town and Country Planning (Amendment) Bill, which included this proposal, was returned by the Governor’s office citing “16 observations and objections” raised by the Citizens Action Forum and RTI activists.

“It is also not clarified what are the positive and negative effects of this amendment. It is also necessary to ascertain whether this amendment is technical and valid or not,” stated a July 27 response to the Bill.

Gehlot returned the Karnataka Co-operative Societies (Amendment) Bill, 2024, citing a memorandum from Leader of the Opposition R Ashoka, which argued that the proposed amendment for further reservation was unnecessary and violated an agreement with NABARD.

The Gadag-Betageri Vyapara Mattu Vastu Pradarshana Padhikara Bill, 2024, was also sent back, with the Governor stating that the government had not consulted with the BJP-ruled local body or the city municipal council, which had rejected the Bill.

Karnataka Home Minister G Parameshwara expressed frustration over the Governor’s actions, stating, “This shows that the Governor doesn’t have much faith in our government. Such developments occur when there is a lack of mutual understanding between the Governor and the government. Seeking clarifications on one or two Bills is acceptable, but returning Bills wholesale like this is unprecedented.”

Karnataka Law and Parliamentary Affairs Minister HK Patil said that suggestions for consultations should not come from the Governor. “The government is aware of its duties. The Bills were passed only after thorough discussions in both the Assembly and Council. The government will fulfil its obligations and respond to the Governor,” Patil told The Indian Express.