Article 163 of Constitution of India – Council of Ministers to aid and advise Governor
Article 163 of Constitution of India deals with Council of Ministers to aid and advise Governor
Original Text of Article 163 of Constitution of India
(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.
Questions related to Article 163 of Constitution of India
Article 163 provides that the Governor shall be aided and advised by the Council of Ministers, headed by the Chief Minister, in exercising most of their functions, in accordance with the Constitution of India.
Yes, but only in specific situations where the Constitution allows discretion. In all other matters, the Governor must follow the Council of Ministers’ advice, as interpreted in cases on Indian Kanoon.
This clause means that in certain cases—like reserving a bill for the President or appointing a Chief Minister when no party has a clear majority—the Governor can act without ministerial advice, as detailed in the Articles of Indian Constitution.
Yes, there have been many legal debates and court cases (e.g., in Arunachal Pradesh and Maharashtra) regarding Governor’s discretion, and these are thoroughly documented on Indian Kanoon.
You can explore Indian Kanoon to find important judgments where courts examined the scope of the Governor’s discretion under Article 163 of the Indian Constitution—especially in cases of political instability.
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