Part VI - The States • Article

Article 166 Simplified: Conduct of Business of the Government of a State

All executive decisions and orders of a state government are officially made in the name of the Governor. This article also gives the Governor the power to create rules for how government decisions are signed (authenticated) and how portfolios are allocated among ministers.

Official Text

(1) All executive action of the Government of a State shall be expressed to be taken in the name of the Governor. (2) Orders and other instruments made and executed in the name of the Governor shall be authenticated in such manner as may be specified in rules to be made by the Governor, and the validity of an order or instrument which is so authenticated shall not be called in question on the ground that it is not an order or instrument made or executed by the Governor. (3) The Governor shall make rules for the more convenient transaction of the business of the Government of the State, and for the allocation among Ministers of the said business in so far as it is not business with respect to which the Governor is by or under this Constitution required to act in his discretion. (4)* * * * *

Simple Meaning

Explain Like Ten

This rule says that all official orders of the state government are signed on behalf of the Governor, and the Governor sets rules for how ministers divide up the work.

Student Mode

Regulates the execution of executive decisions at the state level (analogous to Article 77 for the Union). It mandates: (1) All executive actions of the State Government must be expressed to be taken in the name of the Governor. (2) Orders and instruments made in the Governor's name must be authenticated as per Rules of Business made by the Governor; once authenticated, their validity cannot be challenged on the ground that they were not made by the Governor. (3) The Governor makes rules for the transaction of government business and the allocation of portfolios among ministers.

Example

When a state government issues a notification appointing a new official or releasing funds, the document starts with 'By order and in the name of the Governor of [State]' and is signed by an authorized department secretary.

Key Takeaway

All official state executive actions must be taken in the name of the Governor and authenticated by designated officers to be legally valid.

FAQs

Why must executive orders be issued in the name of the Governor?

Because the Governor is the formal executive head of the state. Under Article 154, the executive power of the state is vested in the Governor, and Article 166(1) provides the procedural requirement to express all decisions in the Governor's name.

What is the consequence of not complying with Article 166(1)?

If an executive action is not expressed to be taken in the name of the Governor, it does not automatically become void, but the government loses the constitutional immunity under Clause (2). It then bears the burden of proving in court that the decision was indeed taken by the competent state authority.

Who makes the Rules of Business for portfolio allocation in a state?

The Governor makes these rules under Article 166(3). In practice, this is done on the recommendation and advice of the Chief Minister.

Quiz

Under Article 166, in whose name must all executive actions of a State Government be expressed to be taken?

Answer: The Governor

Which clause of Article 166 empowers the Governor to make rules for the convenient transaction of government business and portfolio allocation?

Answer: Clause (3)