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
Related Questions: