Question
Consider the following statements. 1) The
executive power of the state vests with the Chief Minister. 2) According to the Constitution, under no circumstance the Governors can act independent of the advice of the council of ministers. Which of the above statements is/are correct?Solution
Though according to Article 153, the executive power of the state vests with governor, he is bound to act under the aid and advice of the council of ministers headed by the chief minister. The Supreme Court has ruled umpteen times that governors cannot act independent of the advice of the council of ministers except in specified areas where the Constitution has entrusted them with discretionary powers. The governor can also discard the aid and advice of the council of ministers, if specifically permitted by the president, when a state of emergency is declared under Article 353.
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