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RuleMate India

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SHORT ANSWER: The Supreme Court of India has clarified the boundaries of the Governor's discretionary powers versus the executive authority of the elected state government through various judgments. DETAILS: - The Governor has certain discretionary powers under Article 163 of the Constitution of India, which can be exercised in specific situations. - The Supreme Court has ruled that while the Governor can act in discretion, such powers should not undermine the elected government's authority. - The Court emphasizes that the Governor must act on the advice of the Council of Ministers, except in situations where discretion is explicitly provided. PUNISHMENT / IMPLICATIONS (if applicable): - Misuse of discretionary powers by the Governor can lead to judicial review by the Supreme Court. SOURCE: - Constitution of India, Article 163
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