SG: This adversarial approach was never taken, since 50 years we have this example.

Another point, discretion and aid and advice and necessary implications as argued by Gopal Subramaniam- his argument was discretion is only provided when it is so provided either by or under the constitution-the constitution confers discretion expressrly and certain read as implied due to nature of power. Article 200 is example of certain implied discretion based on certain fact situation where Governor is so required to act.

Even under Article 163, the Governor can exercise implied discretion when taking aid and advice would defeat the purpose-suppose Chief Minister faces allegation and it requires sanction under PC Act, and he may still take council of ministers advice but Governor can say it is a biased advice and he may not take it.

For example, under the constitution, discretion is evident- power to summon the assembly-such as for floor test, power of floor test does not use the word discretion but said power can be exercised. Power under second proviso to Article 200 does not recognise in his discretion, under Article 356 does not say discretion but nature of power is such.

To say that it has to be under or by constitution is a wrong interpretation.