SHORT ANSWER:
The Supreme Court has identified specific circumstances under Article 163 where a Governor may exercise discretion, particularly in cases of hung assemblies or when no party has a clear majority.
DETAILS:
- The Governor can exercise discretion in appointing a Chief Minister when no party has a clear majority.
- The Governor may also act in situations where the Chief Minister loses the confidence of the assembly.
- Discretion is exercised to ensure the government functions effectively and maintains stability.
PUNISHMENT / IMPLICATIONS (if applicable):
- Misuse of discretion by the Governor can lead to legal challenges and political instability.
SOURCE:
- Constitution of India, Article 163
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