Correct option is C
Article 163 of the Indian Constitution provides that the Governor of a state shall act on the advice of the
Council of Ministers except when he is required to exercise his functions in his
discretion. However, the scope of the Governor's discretionary powers is not absolute and can be subjected to
judicial review in cases of mala fide or misuse of powers.
In
Naban Rabia and Baman Felix vs Deputy Speaker, Arunachal Pradesh Legislative Assembly (2016), the Supreme Court held that the Governor’s exercise of discretionary powers under Article 163 is subject to
judicial review if it is demonstrated that the discretion was exercised in bad faith or for extraneous reasons.
Information Booster:
In
Naban Rabia and Baman Felix, the Court clarified that the Governor’s discretionary powers are
not beyond judicial scrutiny and can be reviewed if exercised inappropriately. This decision reaffirmed that
discretionary powers must be exercised in line with constitutional principles and cannot be used arbitrarily.
Additional Information:
·
Option (a): Mahabir Prasad Sharma Vs Prafulla Chandra Ghosh did not deal with the judicial review of the Governor’s discretionary powers.
·
Option (b): Pratap Singh Raojirao Rane Vs Governor of Goa was related to
floor tests and the exercise of the Governor’s discretion but did not establish judicial review over such powers.
·
Option (d): None of the above is incorrect because
Naban Rabia and Baman Felix is the correct case dealing with this issue.
