Nabam Rebia case
Also called: Nabam Rebia v. Deputy Speaker (2016) · Topic: State Government: Governor, Chief Minister, State Legislature and Union Territories · NCERT: Beyond NCERT
Meaning
In Nabam Rebia (2016), a five-judge bench of the Supreme Court ruled on the limits of the Governor's discretion, meaning power to act on their own judgment. The Court said discretion covers only what the Constitution clearly allows. Calling or advancing a session of the Assembly, or setting its agenda, is not one of those matters. For these the Governor must act on the advice of the Chief Minister and council of ministers.
Example
In Arunachal Pradesh, the Governor brought forward the Assembly session and fixed its agenda without the CM's advice. This helped remove the government. The Court struck down the Governor's actions and restored the government that had been removed.
Don't confuse with
- Samsher Singh (1974): That seven-judge case laid down the general rule that Governors act on advice except in a few exceptional situations. Nabam Rebia applied that rule to calling the Assembly into session.