Gubernatorial Discretion

The Supreme Court in Jayalalitha's case ruled that the Governor is a functionary under the Constitution and cannot in exercise of his discretion do anything that is contrary to the Constitution and the law. The situation as it prevails today is that a person disqualified under the law has been in the CM's chair for the last three months. It is now for the Supreme Court to decide whether or not the discretion used by the Governor was constitutional or was a matter of indiscretion.