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President, Guv Only Titular Heads; Bound by Advice of Council of Ministers: K'taka to SC
The Daily Guardian
|September 10, 2025
The Congress-led Karnataka government on Tuesday asserted before the Supreme Court that under the constitutional scheme, the President and governors are only "titular heads" and are bound to act on the aid and advice of the council of ministers, both at the Centre and in the states.
A five-judge Constitution bench headed by Chief Justice B.R. Gavai was told by senior advocate Gopal Subramanian, appearing for the Karnataka government, that Article 361 of the Constitution grants immunity to the President and the governor from any criminal proceedings, as they do not perform any executive function.
Referring to various verdicts of the apex court, Subramanian told a bench also comprising Justices Surya Kant, Vikram Nath, P.S. Narasimha and A.S. Chandurkar that the satisfaction of the governor required for acting on bills passed by the assembly is the satisfaction of the council of ministers.
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