Actual Article
Article 167: Duties of Chief Minister as respects the furnishing of information to Governor, etc.
The Chief Minister of each State shall communicate to the Governor of the State all decisions of the Council of Ministers relating to the administration of the affairs of the State and proposals for legislation; shall furnish such information relating to the administration of the affairs of the State and proposals for legislation as the Governor may call for; and if the Governor so requires, shall submit for the consideration of the Council of Ministers any matter on which a decision has been taken by a Minister but which has not been considered by the Council.
UPSC Notes for Article 167
Explanation:
- Communication and Transparency:
- The Chief Minister must keep the Governor informed about all decisions and proposals made by the Council of Ministers regarding the state’s administration and legislative proposals.
- Governor’s Right to Information:
- The Chief Minister is required to furnish detailed information to the Governor on any administrative or legislative matter upon request.
- Consideration of Ministerial Decisions:
- If the Governor demands, any decision made by an individual Minister that has not been reviewed by the Council of Ministers must be presented to the Council for deliberation.
Key Points:
- Governance Oversight: Ensures that the Governor, as the state’s constitutional head, is kept informed of the executive decisions, promoting transparency and accountability in governance.
- Role of Chief Minister: Highlights the role of the Chief Minister as a link between the Governor and the Council of Ministers, facilitating the flow of information and ensuring that the Governor’s constitutional functions are supported.
- Administrative Coordination: This article fosters administrative coordination by ensuring that significant decisions are discussed and approved by the Council of Ministers, rather than by individual Ministers alone.
Important Cases and Commissions Related to Article 167
Cases:
- Samsher Singh vs. State of Punjab (1974): This case clarified the constitutional position that the Governor must act on the advice of the Council of Ministers, and the importance of the communication channel between the Chief Minister and the Governor as mandated by Article 167.
Commissions:
- Sarkaria Commission: Recommended that the duties of the Chief Minister under Article 167 be performed diligently to ensure that the Governor is well-informed and can effectively fulfill their ceremonial and constitutional duties.
- Punchhi Commission: Emphasized improving the mechanisms of information flow between the Chief Minister and the Governor to enhance the constitutional functioning within the states.
Previous Year Prelims Questions Related to Article 167
- (UPSC Prelims 2016) Which of the following duties are assigned to the Chief Minister by Article 167?
- A. Informing the President about state affairs
- B. Communicating all decisions of the Council of Ministers to the Governor
- C. Deciding the agenda of the Council of Ministers
- D. Legislating new state laws independently Correct Answer: B. Communicating all decisions of the Council of Ministers to the Governor
- (UPSC Prelims 2018) Under Article 167, the Chief Minister must:
- A. Submit the state budget to the Governor
- B. Report to the Chief Justice of the High Court
- C. Furnish information on state administration as requested by the Governor
- D. Appoint the state’s Council of Ministers Correct Answer: C. Furnish information on state administration as requested by the Governor
Previous Year Mains Questions Related to Article 167
- Mains 2016: “Discuss the constitutional significance of the relationship between the Governor and the Chief Minister as outlined in Article 167. How does this relationship impact the administration of the state?”
- Mains 2019: “Analyze the role of the Chief Minister in facilitating governance transparency as per Article 167. What challenges can arise in fulfilling these duties?”
Additional Insights:
- Governance Dynamics: Article 167 underlines the critical governance dynamics between the Chief Minister and the Governor, ensuring a system of checks and balances within the state’s executive functions.
- Information Dissemination: The provisions for information dissemination ensure that the Governor can perform their constitutional duties effectively, supported by accurate and timely information from the state government.
Understanding Article 167 is crucial for UPSC aspirants as it delineates the duties of the Chief Minister concerning the provision of information to the Governor, highlighting the interplay between different branches of state governance. This knowledge is essential for both preliminary and main examinations, offering insights into the protocols that govern state administration in India.