Article 105: Governor to act on advice, etc. (v)

(1) Subject to Constitution, in the performance of his functions, the Governor shall act [on and] in accordance with the advice of the Cabinet [or the Chief Minister]: [Provided that [within fifteen days] the Governor may require the Cabinet or, as the case may be, the Chief Minister to reconsider such advice, whether generally or otherwise, and the Governor shall [,within ten days,] act in accordance with the advice tendered after such reconsideration.] * * * * * * * (2) The question whether any, and if so what, advice was tendered to the Governor by the Chief Minister [ or the Cabinet] shall not be inquired into in, or by, any court, tribunal or other authority. [(3) Where the Governor dissolves the Provincial Assembly, notwithstanding anything contained in clause (1), he shall,— (a) appoint a date, not later than ninety days from the date of dissolution, for the holding of a general election to the Assembly; and (b) appoint a care-taker Cabinet [in accordance with the provisions of Article 224 or, as the case may be, Article 224A].] * * * * * * * (5) The provisions of clause [(2)] of Article 48 shall have effect in relation to a Governor as if reference therein to ‘‘President’’ were reference to ‘‘Governor’’.]

Effective date: 1973-08-14

Related sections