Q. Which of the following court cases deals with the powers of a Governor?
Shamsher Singh & Anr vs State of Punjab
Nabam Rebia And Etc. vs Deputy Speaker and Ors
Mahabir Prasad v. Prafulla Chandra
Choose the correct answer using the codes given below: Answer:
1, 2 & 3
Notes:
Shamsher Singh & Anr vs State of Punjab (1974): In this case, a seven-judge Constitution Bench of the Supreme Court said that the President and Governor, custodians of all executive and other powers under various Articles, shall exercise their formal constitutional powers only upon and in accordance with the advice of their Ministers save in a few well-known exceptional situations.
Nabam Rebia And Etc. vs Deputy Speaker and Ors (2016): SC ruled that Article 163 of the Constitution does not give the Governor a general discretionary power to act against or without the advice of his Council of Ministers
Mahabir Prasad v. Prafulla Chandra 1969: The case revolved around the question of the nature of the governor’s pleasure under article 164(1). The governor's pleasure under article 164(1) is subject to Article 164(2). Thus, the withdrawal of the governor's pleasure must coincide with the withdrawal of support to the ministry by the assembly.