Consider the following statements about Nabam Rebia case (2016)
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Governor does not have the power to call assembly session without the aid and advice of chief minister and his council of ministers.
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Supreme Court raised question on the discretionary powers of the Governor.
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For the first time Supreme Court said Secularism is the basic structure of the constitution.
Which of the given statements is/are correct?
1 and 2 only
Correct Answer2 and 3 only
Incorrect Answer1, 2 and 3
Incorrect AnswerExplanation:
Article 163 of the Constitution requires the Governor of a State to act on the aid and advice of the Council of Ministers headed by the Chief Minister ‘in the exercise of his functions,’ unless the Constitution requires him to act ‘in his discretion.’ The Court confirmed that the Governor does not enjoy wide discretionary powers and is always subject to constitutional standards.
The Court concluded that the Governor’s discretion did not extend to the powers conferred under Article 174 and hence he could not summon the House, determine its legislative agenda or address the legislative assembly without consulting the Chief minister or the Speaker.
The Court, for the first time in its history, effectively nullified President’s rule and restored the previous State government with Nabam Tuki as Chief Minister. However, Chief Minister Tuki was soon voted out of power in a floor test and the Court’s decision was reversed through political means.
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By: Kamal Kashyap