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…
Position of Governor from 1858 to 1950
With the enactment of the Government of India Act, 1858, the administration of India transitioned from the East India Company to the British Crown, bringing about a new administrative framework…
Bill pending the assent of the Governor or the President does not lapse as a result of the dissolution of the Assembly- Purushothaman Nambudiri Case
In Purushothaman Nambudiri v. State of Kerala reported in 1961 SCC OnLine SC 361, two questions fell for the consideration of Supreme Court; first, whether a bill which has been…