SHORT ANSWER:
The Supreme Court has clarified the constitutional powers of a governor in various judgments, particularly regarding the dismissal of a governor by the president.
DETAILS:
- The Supreme Court in the case of "Shamsher Singh vs. State of Punjab (1974)" held that the governor acts on the advice of the council of ministers.
- In "Bihar Assembly Dissolution Case (2000)", the court ruled that the governor's discretion is limited and must be exercised in accordance with the advice of the council of ministers.
- The "Rameshwar Prasad vs. Union of India (2006)" judgment emphasized that the governor must act in accordance with the constitutional provisions and cannot dismiss the assembly arbitrarily.
PUNISHMENT / IMPLICATIONS (if applicable):
- If a governor acts beyond their constitutional powers, it may lead to judicial review and potential reinstatement of the dismissed assembly or council.
SOURCE:
- Constitution of India, Supreme Court Judgments
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