Sekarreporter1: [5/5, 07:26] Sekarreporter1: *05.05.’21, LAW NOTES:* *”Judicial Review of the exercise of the powers by the Governor (Art 163)”* *I) Individual discretionary power of Governor exist only where they are expressly spelt out in the Constitution.*

[5/5, 07:27] Sekarreporter1: [5/5, 07:26] Sekarreporter1: *05.05.’21, LAW NOTES:*

*”Judicial Review of the exercise of the powers by the Governor (Art 163)”*

*I) Individual discretionary power of Governor exist only where they are expressly spelt out in the Constitution.*

*1)* [(2013) 3 SCC 1]
State of Gujarat Vs R.A. Mehta.

*2)* [(1970) 1 SCC 443]
Sanjeevi Naidu Vs State of Madras.

*3)* [(1955) 1 SCR 577]
Kapoor Vs State of Punjab.

*II) However, there are certain functions which cannot possibly be exercised by the Governor on Ministerial* *advice.* Eg.

i) Reporting to the President under Article 356 (1)

*1)* [(1974) 2 SCC 831]
Samsher Singh Vs State of Punjab.

ii) Reserving a Bill for consideration of President under Art 200 (1).

*1)* [(1983) 4 SCC 45]
Hoechst Pharmaceuticals Ltd Vs State of Bihar.

iii) Resolve intra-party disputes among member of the assembly

*1)* [(2016) 8 SCC 1]
Nabam Rebia & Bamany Felix Vs Deputy Speaker, Arunachal Pradesh Legislative Assembly.

iv) Where it is a case of the existing government losing majority support or of installation of a new government after fresh elections, the act of the Governor in recommending dissolution of the Legislative Assembly should be only with the sole object of Preservation of the Constitution and not the promotion of the political interest of one or other party.

*1)* [(2006) 2 SCC 1]
Rameshwar Prasad (VI) Vs Union of India.

The Court can give directions for convening/summoning a special session of the Legislative Assembly with only one agenda of having a *“Composite floor Test”*.

*1)* [(1999) 9 SCC 95]
Japadambikapal Vs Union of India.

*2)* [(2005) 3 SCC 150]
Anil Kumar Jha Vs Union of India.

*3)* [(2005) 3 SCC 399]
Arjun Munda Vs Governor of Jharkhand.

*(To be continued)*
[5/5, 07:26] Sekarreporter1: ☘️
[5/5, 07:28] Sekarreporter1: By k Selvaraj mhc advocate