SHORT ANSWER:
The Supreme Court of India has established that a Governor's discretionary powers must be exercised in accordance with the Constitution and not arbitrarily.
DETAILS:
- The Supreme Court has ruled that the Governor's discretion should be used in specific situations, such as when no party has a clear majority in the assembly.
- The court emphasized that the Governor must act on the advice of the council of ministers except in certain situations outlined in the Constitution.
PUNISHMENT / IMPLICATIONS (if applicable):
- Misuse of discretionary powers can lead to judicial review and potential invalidation of the Governor's actions.
SOURCE:
- Constitution of India, Article 163 and relevant Supreme Court judgments.
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