Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | CONSTITUTION OF INDIA: Art.155 — Appointnent and status of Governor |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | CONSTITUTION OF INDIA: Art.155 — Appointnent and status of Governor -—.Held: A ~ Governor is appointed by a warrant issued under the hand and seal of the President under Art.155, and his term of office enures under Art.156, during the pleasure of the President — A Governor is an executive nominee, and his appointment flows from the aid and advice tendered by the Council ‘of Ministers with the Prime Minister as the head, to the President. Art. 163 - Power of Governor to exercise his discretion — Scope of ~ Held: Art.163 does not give the Governor a general_ discretionary power to act against or without the advice of-his Council of Ministers — The area for the exercise of his discretion is limited ~ Even in this limited area, his choice of action should not be arbitrary or fanciful — It must be a choice dictated by reason, aciuated by good faith and tempered by caution — Under Art.163(1) the discretionary power of the Governor extends to situations, wherein a constitutional provision expressly requires the Governor to act in his own discretion — Any discretion exercised beyond the Governor's jurisdictional authority, would certainly be subject to judicial review — The judgment rendered in the Mahabir Prasad Sharma by the High Court of Calcutta does not lay down the correct legal position as it confers excessive powers on the Governor, well beyond his status as a formal or constitutional head of the Executive — The constitutional position declared therein, with reference to Aft,163(2), is accordingly set aside. Arts. 163, 174, 179 — Removal of the Speaker (or the Deputy Speaker) under Art.179 — Role of Governor — Held: Governor has |
Judge | Honble Mr. Justice Jagdish Singh Khehar |
Neutral Citation | 2016 INSC 526 |
Petitioner | Nabam Rebia, And Bamang Felix |
Respondent | Deputy Speaker And Others |
SCR | [2016] 6 S.C.R. 1 |
Judgement Date | 2016-07-13 |
Case Number | 6203-6204 |
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