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RuleMate India

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SHORT ANSWER: The Supreme Court has ruled that a Governor's discretionary powers must be exercised in accordance with constitutional provisions and cannot be arbitrary. DETAILS: - The Governor's discretion is limited to specific situations as outlined in the Constitution, particularly under Article 163. - The Supreme Court has emphasized that the Governor should act on the advice of the Council of Ministers except in situations where the Constitution allows discretion. - The court has clarified that the Governor cannot dismiss a government merely due to political instability without valid constitutional reasons. PUNISHMENT / IMPLICATIONS (if applicable): - If a Governor acts beyond their constitutional limits, it may lead to judicial review and potential invalidation of their actions. SOURCE: - Constitution of India, Article 163; Supreme Court Judgments.
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