Cabinet decision binding on Governor and Governor’s discretion

  • July 26, 2020
  • Posted by: OptimizeIAS Team
  • Category: DPN Topics
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Subject: Polity

Context:

Growing crisis in Rajasthan brings into discussion powers of Governor

Concept:

  • Article 163 states that there shall be a council of Ministers with the chief Minister at the head to aid and advise the Governor in the exercise of his functions, except in so far as he is by or under this constitution required to exercise his functions or any of them in his discretion
  • If any question arises whether any matter is or is not a matter as respects which the Governor is by or under this Constitution required to act in his discretion, the decision of the Governor in his discretion shall be final
  • The advice tendered by Ministers to the Governor shall not be inquired into in any court
Cabinet decision binding on Governor and Governor’s discretion Polity