‘Governor can make appointment only on CM’s advice’

The Governor of Karnataka can appoint the Lokayukta or the Upalokayukta only on the advice tendered by the Chief Minister, and the Chief Justice of the High Court is only one of the consultees, and his views will have no primacy, the Supreme Court held on Friday.

A Bench of Justice K.S. Radhakrishnan and Justice Madan B. Lokur gave this ruling in different, but concurring, judgments while quashing the appointment of the former judge K. Chandrashekaraiah as the Upalokayukta by notification on January 21, 2012. The Bench upheld the Karnataka High Court order quashing the appointment.

It quashed the appointment because the Chief Minister did not have an effective consultation with the then

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  • Appointment quashed as Chief Minister did not have ‘effective consultation with Chief Justice’

  • State can consider his name again in consultation with the Chief Justice of the High Court

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