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RuleMate India

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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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