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RuleMate India

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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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