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SHORT ANSWER: The Governor can act in his discretion under Article 163 of the Indian Constitution. DETAILS: - Article 163 states that the Governor shall act in his discretion in certain matters, such as appointing a Chief Minister when no party has a clear majority. - The Governor is not bound by the advice of the Council of Ministers in these specific situations. PUNISHMENT / IMPLICATIONS (if applicable): - There are no direct punishments associated with the exercise of discretion by the Governor, but it can lead to political consequences. SOURCE: - The Constitution of India, Article 163
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