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RuleMate India

Government rules made easy. Just ask.

SHORT ANSWER: Yes, a governor's dismissal of a minister without the chief minister's advice can be challenged in court. DETAILS: - The Constitution of India, Article 164(1) states that the governor appoints the council of ministers on the advice of the chief minister. - Legal precedents like the "Shamsher Singh vs. State of Punjab" case (1974) affirm that the governor must act according to the advice of the council of ministers. PUNISHMENT / IMPLICATIONS (if applicable): - If the dismissal is found unconstitutional, the minister may be reinstated. SOURCE: - Constitution of India, Article 164; Supreme Court Judgments.
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