SHORT ANSWER:
The Supreme Court has clarified that the Governor's discretionary powers under Article 163 are limited and must be exercised in accordance with constitutional provisions.
DETAILS:
- The Governor can act in their discretion only in specific situations, such as when no party has a clear majority in the assembly.
- The Supreme Court has ruled that the Governor's discretion should not be arbitrary and must align with the advice of the council of ministers, except in certain circumstances.
- Judicial review is available to assess the exercise of discretionary powers by the Governor.
PUNISHMENT / IMPLICATIONS (if applicable):
- Misuse of discretionary powers can lead to judicial review and potential invalidation of decisions.
SOURCE:
- Article 163 of the Indian Constitution, Supreme Court Judgments.
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