Council of Ministers to aid and advise Governor
Article 163 — Council of Ministers to aid and advise Governor
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.
Plain English Summary
This article states that the Council of Ministers, led by the Chief Minister, must help and give advice to the Governor when performing their duties. However, the Governor has freedom in certain situations where they are required to act on their own judgment. Furthermore, no court can investigate whether the Ministers gave advice to the Governor.
Key Points
- The Council of Ministers assists and advises the Governor in carrying out their functions.
- This assistance is limited when the Governor must act solely on their own discretion.
- The Governor's decision made in their discretion cannot be challenged based on whether they acted correctly or incorrectly.
- Advice given by Ministers to the Governor cannot be questioned in any court.
Why It Matters
This article establishes the framework for the relationship between the executive council and the constitutional head (the Governor), ensuring a cooperative working relationship while respecting the Governor's independent discretionary powers.
Landmark Judgements
No major landmark judgements.