Legal Question in Constitutional Law in India
about discretionary power of governor
whether governor can dismiss or suspend to chief minister under his constitutional power if chief minister is charged with criminal offence ?
2 Answers from Attorneys
Re: about discretionary power of governor
Mare charge of offence can not be considered as ground to dismiss or suspend the CM. Governer in case if he has been asked to impose the predential rule can dismiss the government. in other cases he can ask the CM to show his mejority in the House but can't dismiss.
Re: about discretionary power of governor
there are set law provided in constitution for appointment and dismissal of state govt.Hence the governor has to obey the law and act accordingly.Merely because CM is charged with criminal offence does not subject him to dismissal unless and until he is convicted for the offence.
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