Actual Article
Article 166: Conduct of business of the Government of a State
- All executive actions of the Government of a State shall be expressed to be taken in the name of the Governor.
- Orders and other instruments made and executed in the name of the Governor shall be authenticated in such manner as may be specified by 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.
- 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.
UPSC Notes for Article 166
Explanation:
- Executive Actions in Governor’s Name:
- All executive actions of the state government must be formally expressed as being taken in the name of the Governor, establishing the constitutional head as the nominal head of all executive decisions.
- Authentication of Orders:
- Orders and other instruments of the state government need to be authenticated as specified by the rules set by the Governor, ensuring that their validity cannot be questioned on the grounds that the Governor did not personally make or execute them.
- Governor’s Rules for Business:
- The Governor has the authority to make rules for the smooth transaction of the business of the state government. This includes the allocation of business among the ministers, except in matters where the Governor is required to act according to their discretion under the Constitution.
Important Cases and Commissions Related to Article 166
Cases:
- Rajendra Singh vs. State of M.P. (1976): Clarified the nature of orders issued in the name of the Governor, emphasizing that the authentication process is crucial for ensuring their legality.
- Samsher Singh vs. State of Punjab (1974): Reaffirmed that despite the formal expression of orders in the name of the Governor, the real executive power rests with the Council of Ministers.
Commissions:
- Administrative Reforms Commission: Recommended clarifications in the rules governing the conduct of business to prevent ambiguities and enhance governance efficiency.
- Sarkaria Commission: Emphasized the need for transparency and clarity in the rules for transaction of business to facilitate accountability in state administration.
Previous Year Prelims Questions Related to Article 166
- (UPSC Prelims 2016) According to Article 166, all executive actions of the Government of a State shall be:
- A. Taken in the name of the Chief Minister
- B. Taken in the name of the President
- C. Expressed to be taken in the name of the Governor
- D. Expressed to be taken in the name of the State Legislature Correct Answer: C. Expressed to be taken in the name of the Governor
- (UPSC Prelims 2018) The rules for the transaction of business of the Government of a State are made by:
- A. The Chief Minister
- B. The Governor
- C. The State Legislature
- D. The President Correct Answer: B. The Governor
Previous Year Mains Questions Related to Article 166
- Mains 2016: “Discuss the constitutional significance of Article 166 in the administration of a State. How does it ensure that the executive power is exercised within the framework of law?”
- Mains 2019: “Analyze the implications of Article 166 on the conduct of state business. What does the requirement for all executive actions to be taken in the name of the Governor signify about the balance of power within the state?”
Additional Insights:
- Constitutional Formality: The formal requirement that actions be taken in the Governor’s name serves as a constant reminder of the constitutional framework within which the state executive operates.
- Administrative Efficiency: By setting clear rules for the transaction of business, Article 166 helps in enhancing the administrative efficiency and orderly functioning of the state government.
- Balance of Power: This article underscores the balance of power in the state, maintaining that while the Governor is the formal head, the real executive authority lies with the elected government headed by the Chief Minister.
Understanding Article 166 is crucial for UPSC aspirants as it outlines the formal procedures for the conduct of state government business, emphasizing the role of the Governor and the operational framework for executive actions. This knowledge is essential for both preliminary and main examinations, offering a deeper understanding of state governance and constitutional mandates.