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RuleMate India

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SHORT ANSWER: The Supreme Court has ruled that the Governor's intervention in government formation must be guided by constitutional provisions and cannot be arbitrary. DETAILS: - The Governor has the power to invite a party to form the government if it has a majority in the assembly. - In cases of political instability, the Supreme Court has emphasized that the Governor should act according to the advice of the council of ministers. - The landmark case of "S.R. Bommai vs. Union of India" (1994) clarified the limits of the Governor's powers under Article 356. PUNISHMENT / IMPLICATIONS (if applicable): - If the Governor acts beyond constitutional limits, it can lead to judicial review and potential invalidation of decisions. SOURCE: - Constitution of India, Article 163 and Article 356; Supreme Court Judgments.
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