Judicial Review of Constitutional Powers
In B.P. Singhal v. Union of India (2010) 6 SCC 331 , the court categorically held that unlike England, all powers that have been conferred upon the President and the…
The Jurisdiction of the Court is not ousted merely because a question has Political Color- Supreme Court in Minerva Mills Case
In Minerva Mills v. Union of India reported in (1980) 3 SCC 625, the Court held that the jurisdiction of courts is not ousted merely because a question has a…
The Concept of Justiciability and Judicial Review
The nine-Judge Bench decision of this Court in S.R. Bommai v. Union of India (1994) observed that the concept of justiciability is not synonymous with judicial review. It noted that…
Court does not enter into political question due to doctrine of separation of power but because of avoiding political question- Supreme Court in Indira Sawhney
The Supreme Court, speaking through nine-Judges in Indra Sawhney v. Union of India reported in (1992) Supp (3) SCC 217 held that the yardstick of subjecting an act or a…
Constitutional Powers can not be exercised arbitrarily- Justice Krishna Iyer in Maru Ram Case
In Maru Ram v. Union of India reported in (1981) 1 SCC 107 the Court speaking eruditely through the inimitable Krishna Iyer, J., observed that all public power including constitutional…
Governor’s Discretionary Powers and their Judicial Review
“Be your ever so high, the law is above you” ~ Thomas Fuller The Supreme Court extensively discussed in the judgment of State of Tamilnadu v. Governor of Tamilnadu (2025)…
Governor does not possess any discretion and has to mandatorily abide by the advice of Council of Ministers- Tamilnadu Governor Case
This is an edited excerpt from the judgment of State of Tamilnadu v. Governor of Tamilnadu (2025). The deletion of the expression “in his discretion” both from the substantive part…
Articles of the Constitution those give Discretionary Power to Governor
Articles where the expression “acts in his discretion” is used in relation to the powers and functions of the Governor are those which speak of special responsibilities of the Governor.…
The Constitutional Debate on Draft Article 143- Whether Governor Should have Discretionary Powers
The key question which fell for the consideration of the Constituent Assembly was whether any discretion would be made available to the Governor as the constitutional head of the State.…
Why Nomination was selected as the mode of appointment of the Governor
The 155th Article of the Constitution provides for the mode of the appointment of the governor. It provides, “155. Appointment of Governor The Governor of a State shall be appointed…