Governor's discretion: finality of decision and non-justiciability of ministerial advice under the constitution. A Council of Ministers led by the Chief Minister shall aid and advise the Governor except on matters the Constitution requires the Governor to exercise in his discretion. If a question arises whether a matter is subject to the Governor's discretion, the Governor's decision that he acted in discretion is final and cannot be impeached on the basis that he should or should not have acted in discretion. Whether advice was given by Ministers to the Governor is not subject to court inquiry.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Governor's discretion: finality of decision and non-justiciability of ministerial advice under the constitution.
A Council of Ministers led by the Chief Minister shall aid and advise the Governor except on matters the Constitution requires the Governor to exercise in his discretion. If a question arises whether a matter is subject to the Governor's discretion, the Governor's decision that he acted in discretion is final and cannot be impeached on the basis that he should or should not have acted in discretion. Whether advice was given by Ministers to the Governor is not subject to court inquiry.
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