SHORT ANSWER:
The Supreme Court of India has held that the Governor's discretionary powers, particularly in dissolving state assemblies, must be exercised in accordance with constitutional provisions and not arbitrarily.
DETAILS:
- The Governor can dissolve the assembly if there is no majority or if the council of ministers loses confidence.
- The Supreme Court has emphasized that the Governor should act on the advice of the council of ministers unless there is a constitutional crisis.
- The discretion should be used judiciously and not in a manner that undermines the democratic process.
PUNISHMENT / IMPLICATIONS (if applicable):
- If the Governor acts beyond their constitutional authority, it may lead to judicial review and potential invalidation of the decision.
SOURCE:
- Constitution of India, Article 174 and relevant Supreme Court judgments.
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