SHORT ANSWER:
The Supreme Court has ruled that the Governor must act according to the advice of the council of ministers and cannot interfere in the legislative process regarding defections.
DETAILS:
- The Supreme Court emphasized that the Governor's role is to ensure that the elected government functions smoothly.
- The Court has stated that the Governor should not use discretion in matters that are political in nature, such as party defections.
- The Court has upheld the Tenth Schedule of the Constitution, which deals with disqualification on the ground of defection.
PUNISHMENT / IMPLICATIONS (if applicable):
- Disqualification of MLAs under the Tenth Schedule if they defect without following the prescribed norms.
SOURCE:
- Constitution of India, Article 163, Tenth Schedule.
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