Article 163 Simplified: Council of Ministers to aid and advise Governor

Official Text

(1) There shall be a Council of Ministers with the Chief Minister at the head to aid and advise the Governor in the exercise of his functions, except in so far as he is by or under this Constitution required to exercise his functions or any of them in his discretion. (2) If any question arises whether any matter is or is not a matter as respects which the Governor is by or under this Constitution required to act in his discretion, the decision of the Governor in his discretion shall be final, and the validity of anything done by the Governor shall not be called in question on the ground that he ought or ought not to have acted in his discretion. (3) The question whether any, and if so what, advice was tendered by Ministers to the Governor shall not be inquired into in any court.

Simple Meaning

Article 163 is the state-level version of Article 74. It says that while the Governor is the formal head, the Real Power in the state belongs to the Chief Minister and their Cabinet. The Governor must generally follow their advice, except in a few special situations where the Governor can use their own 'Discretion'.

Explain Like Ten

Even though the Governor is the formal boss of the state, they must listen to and follow the advice of the Chief Minister and their team of ministers for almost everything, except in special situations where the Governor is allowed to use their own judgment.

Student Mode

Establishes a cabinet form of government at the state level. It mandates that the Governor must act on the aid and advice of the Council of Ministers headed by the Chief Minister, except where the Constitution requires the Governor to act in their discretion. Under Article 163(2), if a question arises whether a matter is in the Governor's discretion, the Governor's decision is final and cannot be questioned in court. Article 163(3) bars courts from inquiring into what advice was tendered by the Ministers.

Example

The decision to launch a new state-wide health scheme is made by the Chief Minister and Cabinet; the Governor then officially approves it under Article 163.

Key Takeaway

The CM and Cabinet are the real decision-makers in a state.

FAQs

Who is the real head of a state?

The Chief Minister holds the executive power, while the Governor is the constitutional head.

Is the Governor bound by the CM's advice?

In most matters, yes. However, the Governor has some 'Discretionary Powers' where they can act on their own.

Can the Governor ask the CM to rethink a decision?

Yes, the Governor can ask the Council of Ministers to reconsider their advice.

Who appoints the CM?

The Governor appoints the leader who has the majority support in the State Legislative Assembly.

How does the Governor's discretionary power differ from the President's?

The Governor's discretionary powers are broader and constitutionally recognized. While the President has situational discretion, the Governor has both constitutional discretion (e.g., reserving a bill for the President under Article 200, recommending President's Rule under Article 356) and situational discretion (e.g., appointing a CM when there is no clear majority).

Is the Governor's discretionary power absolute?

No. In Nabam Rebia v. Deputy Speaker, the Supreme Court held that the Governor's discretionary powers under Article 163 are not arbitrary. The Governor cannot act in their discretion on matters where they are required to act on the advice of the Council of Ministers.

Can courts examine the advice given by the Council of Ministers to the Governor?

No. Article 163(3) explicitly states that the question of whether any, and if so what, advice was given to the Governor by ministers cannot be inquired into by any court, protecting cabinet confidentiality.

Quiz

Who heads the state cabinet?

Answer: CM

Article 163 is similar to which Union article?

Answer: Art 74

The CM advises whom?

Answer: Governor

Can a Governor act without advice?

Answer: In discretionary matters

Which clause of Article 163 bars courts from inquiring into the advice tendered by Ministers to the Governor?

Answer: Clause (3)

Under Article 163(2), whose decision is final on whether a matter falls under the Governor's discretionary powers?

Answer: The Governor of the State

Related Topics

• Article 74
• Article 164