2016 SCC Vol. 8 September 14, 2016 Part 1

Constitution of India — Arts. 174, 85 and 163 — Summoning, proroguing or dissolving of State Legislature under Art. 174: If Chief Minister enjoys confidence of House, Governor cannot use his independent discretion under Art. 174 to summon, prorogue or dissolve the House without aid and advice of Council of Ministers. As long as Council of Ministers enjoys confidence of House, aid and advice of Council of Ministers headed by Chief Minister is binding on Governor. If Governor doubts majority support to Chief Minister, he can call for floor test. [Nabam Rebia & Bamang Felix v. Dy. Speaker, Arunachal Pradesh Legislative Assembly, (2016) 8 SCC 1]