Gubernatorial power to grant Sanction to prosecute MLAs/ Ministers.section 197 crpc.

Filing for such permission is just a formality and not mandatory.   It may depend on several facts and circumstances.  The Governor can take any action under exigency and reduce the reasons for taking such action and inform the reasons to President and to CM.  If Governor's Action is illegal, malafide, or ultra vires, the laid down law as per constitution should be followed.  As per SC Judgment in Sushilkumar case "No one is above law", informing or communicating with the speaker is just a formality..  The Governor sends all such requests to hs secretariat, he obtains legal opinion in writing with such precedents and takes action as per laid down law after consulting President.

The Constitution does not aim at providing a parallel Government within the State by allowing the Governor to go against the advice of the Council of Ministers, therefore neither the President, nor the Governor is to exercise executive functions at their own discretion.

West Bengal Governor Jagdeep Dhankhar gave his assent to CBI's request seeking sanction for prosecution of four political leaders, including three from the ruling Trinamool Congress (TMC), in connection with the Narada sting case 

They said the CBI approached the governor's office seeking permission to prosecute Trinamool Congress MLAs Firhad Hakim, Subrata Mukherjee and Madan Mitra, as well as former party leader Sovan Chatterjee in view of a 2004 Supreme Court judgement in which the top court had agreed that the governor could give sanction for prosecution.

The top court in its judgement had said, "If, on these facts and circumstances, the governor cannot act in his own discretion, there would be a complete breakdown of the rule of law in as much as it would then be open for governments to refuse sanction in spite of overwhelming material showing that a prima facie case is made out."

"If, in cases where a prima facie case is clearly made out, sanction to prosecute high functionaries is refused or withheld, democracy itself will be at stake. It would then lead to a situation where people in power may break the law with impunity safe in the knowledge that they will not be prosecuted as the requisite sanction will not be granted."

The Governor can sanction for the prosecution of the ministers but the proof for the same needs to be satisfactory. There have been many cases where the Governor has ordered a sanction for the prosecution of a Minister, sometimes with the advice of the Council of Ministers and at times on his own discretion and one such case has been discussed below. 

M.P. Special Police Establishment v. State of M.P., 2005

In this case, the issue was whether or not the Governor should give the sanction for the prosecution of the Chief Minister without the aid and advice of the Council of Ministers. The Supreme Court held that the Governor could make use of his discretionary powers in this case and is not bound by the aid and advice of the Council of Ministers. Thus, Governor sanctioned for the prosecution of the Chief Minister.

Governor of a State functions (executive duties) under Article 163 of the Constitution of India which reads as:

Article 163 in The Constitution Of India 1949

163. Council of Ministers to aid and advise Governor

(1) There shall be a council of Ministers with the chief Minister at the head to aid and advise the Governor in the exercise of his functions, except in so far as he is by or under this constitution required to exercise his functions or any of them in his discretion

(2) If any question arises whether any matter is or is not a matter as respects which the Governor is by or under this Constitution required to act in his discretion, the decision of the Governor in his discretion shall be final, and the validity of anything done by the Governor shall not be called in question on the ground that he ought or ought not to have acted in his discretion

(3) The question whether any, and if so what, advice was tendered by Ministers to the Governor shall not be inquired into in any court

The Article has been in various cases some of them are:

Nabam Rebia And Etc. Etc vs Deputy Speaker And Ors on 13 July, 2016

Nabam Rebia And Etc. Etc. vs Deputy Speaker . on 13 July, 2016

In The High Court Of Jammu And ... vs The Plaintiff Presented A Kabala ... on 8 June, 2016

Dr. Mir Zaffar Aman vs State Of Jammu & Kashmir Through ... on 8 June, 2016

Debendra Nath Dutt vs Sm. Satyabala Dasi And Ors. on 21 September, 1949

What are the facts? What is the context? There is o general rule that any sanction of any authority is required for proceeding against MLAs/Ministers..