discretionary powers of Governor

pulkit agarwal (Querist) 07 January 2010 This query is : Resolved
I wanted to ask whether governor has any discretionary power in case of a matter relating to granting of sanction to prosecute a minister?
i wanted to know that. if for example there is prosecution of any minister on charges of corruption by CBI and CBI asks for sanction to prosecute that minister from the Governor under Section 197 of Cr.P.C.. So i wanted to know that whether in such matter the Governor has to follow the aid and advise of Council of Ministers or act on his own discretion and grant the sanction to CBI?

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Devajyoti Barman (Expert) 08 January 2010
Almost every decision of Governor within purview of Law and Constitution is dependent upon the recommendation of the Govt which has a binding effect on him.

pulkit agarwal (Querist) 08 January 2010
Sir can you please elaborate more on that with the help of any case laws

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