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Governor can suspend PSC Member only after reference of matter by President to SC
Case Law Details
- Case Name
- Dr (Smt) Mangala Sridhar Vs The State of Karnataka (Karnataka High Court)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Courts
- All High Courts, Karnataka High Court
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The Constitution contemplates various scenarios in which a Governor can exercise his discretion dehors the aid and advice of the Council of Ministers, as for example, the powers under Article 174(2): dissolution of legislative assembly; Article 356: advising the President for proclamation of emergency; Article 167: calling for information from the Chief Minister etc, Article 317 is not one such case. In the light of the decision of the Supreme Court of India in Samsher Singh (supra), it i clear that the power under Article 317(2) is not one such power, which the Governor can exercise at his ab...
