Actual Article
Article 163: Council of Ministers to aid and advise Governor
- Council of Ministers:
- 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.
- Governor’s Discretion:
- 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 in his discretion shall not be called in question on the ground that he ought or ought not to have acted in his discretion.
- The question whether any, and if so what, advice was tendered by Ministers to the Governor shall not be inquired into in any court.
UPSC Notes for Article 163
Explanation:
- Aid and Advice of Council of Ministers:
- The Governor of a state is generally required to act on the aid and advice of the Council of Ministers, led by the Chief Minister. This aligns with the parliamentary system of government where the executive is accountable to the legislature.
- Governor’s Discretion:
- The Governor has the discretion to act independently in certain specified circumstances, as defined by the Constitution. The exercise of this discretionary power is subject to the Governor’s own judgment.
- Any decision made by the Governor in his discretion is final and cannot be challenged on the grounds of its propriety in terms of discretion.
Key Points:
- Balancing Mechanism: This article creates a balance between the powers of the Governor and the elected government, providing a constitutional mechanism for the smooth functioning of the state administration.
- Judicial Non-interference: The decisions taken by the Governor under his discretionary powers are beyond judicial scrutiny, reinforcing the separation of powers within the state governance structure.
Important Cases and Commissions Related to Article 163
Cases:
- Nabam Rebia and Bamang Felix vs. Deputy Speaker (2016): This case examined the discretionary powers of the Governor, especially in the context of advancing or postponing assembly sessions.
- Rameshwar Prasad and Others vs. Union of India (2006): The Supreme Court addressed issues related to the misuse of the Governor’s discretionary powers, emphasizing the constitutional limits within which these powers should operate.
Commissions:
- Sarkaria Commission: The commission reviewed the functioning of Governors and suggested that discretionary powers be used sparingly and with caution to maintain harmony between the elected government and the Governor.
- Punchhi Commission: Recommended further clarification of the situations in which the Governor has the discretion to ensure transparency and reduce potential conflicts with the state government.
Previous Year Prelims Questions Related to Article 163
- (UPSC Prelims 2016) The Governor of a State acts on the advice of:
- A. The Prime Minister
- B. The Council of Ministers headed by the Chief Minister
- C. The President
- D. The Chief Justice of the State High Court Correct Answer: B. The Council of Ministers headed by the Chief Minister
- (UPSC Prelims 2018) Under Article 163, the Governor’s discretion:
- A. Can be questioned in the court
- B. Is guided by the President
- C. Is not subject to judicial review
- D. Must be approved by the Parliament Correct Answer: C. Is not subject to judicial review
Previous Year Mains Questions Related to Article 163
- Mains 2016: “Discuss the constitutional provisions under Article 163 regarding the Governor’s discretionary powers. How do these provisions impact the governance of the state?”
- Mains 2019: “Analyze the role of the Governor as provided under Article 163 in the context of aid and advice by the Council of Ministers. What challenges can arise from the discretionary powers of the Governor?”
Additional Insights:
- Role Clarity and Challenges: Article 163 provides clarity on the Governor’s role but also poses challenges, especially when the discretionary powers are perceived to be misused.
- Governance Dynamics: The provision highlights the complex dynamics between the elected government and the appointed Governor, crucial for maintaining democratic governance within the state.
Understanding Article 163 is crucial for UPSC aspirants as it outlines the role of the Council of Ministers and the discretionary powers of the Governor, offering insights into the balance of power within state governance. This knowledge is essential for both preliminary and main examinations, providing a deeper understanding of the constitutional framework of state administration
.