SHORT ANSWER:
The Supreme Court of India interprets the Governor's discretion under Article 163 of the Constitution regarding inviting parties to form a government based on constitutional legitimacy and established precedents.
DETAILS:
- Article 163 provides the Governor with the discretion to decide on matters where the Constitution does not explicitly provide for a decision.
- The Supreme Court has ruled that the Governor must act according to the advice of the Council of Ministers, except in certain situations where discretion is warranted.
- The Court emphasizes the need for the Governor to ensure that the party invited has the majority support in the Assembly.
PUNISHMENT / IMPLICATIONS (if applicable):
- If the Governor acts beyond their constitutional limits, it may lead to judicial review and potential invalidation of the decision.
SOURCE:
- Constitution of India, Article 163
Related Questions: