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Pema Khandu and Others Vs. Nabam Rebia, Speaker of the Arunachal Prade ...

Court : Guwahati

Judgment and Order (CAV) [1] The basic issue involved in these two writ petitions is as to whether the Governor of a State is to act only with the aid and advice of the council of Ministers in all circumstances or the Governor is empowered being the custodian of an executive and other powers under various Articles of the Constitution of India is entitled to exercise independent/discretionary powers. The other issues including the right of the Governor to address and send messages to the Legislative Assembly was legally permissible in the fact situation involved in this case. The concerned Articles of the Constitution of India in this regard are Article 174 and Article 175. The other issues involved are incidental to the above issues. [2] The background facts involved in this proceeding have seen set out in the interim order passed on 17.12.2015, which reads as follows: BACKDROP 3. The party wise composition of the Arunachal Pradesh State legislature in the 60 member House is Congress-4...