Article 163 of Indian Constitution
Article 163 of the Indian Constitution
1. Text of Article 163
Article 163 reads as follows:
"There shall be a Council of Ministers with the Chief Minister at the head to aid and advise the Governor of a State in the exercise of his functions, except in so far as he is required to act in his discretion."
2. Meaning and Scope
Council of Ministers:
Article 163 mandates the existence of a Council of Ministers headed by the Chief Minister to assist and advise the Governor in performing his functions.
Aid and Advice to Governor:
The Governor is required to act on the aid and advice of the Council of Ministers except when he is empowered to act at his discretion.
Exception – Discretionary Powers:
There are certain situations where the Governor can act independently, without the Council's advice, exercising his discretionary powers.
Effective Executive Authority:
This provision establishes that real executive power lies with the Council of Ministers, and the Governor is mostly a constitutional head.
3. Nature of Governor’s Role
The Governor is the constitutional head of the state.
Executive powers are exercised in the name of the Governor, but the actual decisions are made by the Council of Ministers.
The Governor’s role is mostly ceremonial and bound by the aid and advice of the Council of Ministers.
4. Discretionary Powers of Governor
The Constitution does not exhaustively define the Governor’s discretionary powers.
Typical situations include:
Appointment of Chief Minister when no party has a clear majority.
Dismissal of a ministry in case of loss of confidence.
Reservation of bills for the President’s consideration.
Giving assent to bills or withholding assent.
5. Relevant Provisions Related to Article 163
Article 164: Deals with the appointment of the Chief Minister and other ministers.
Article 165: Deals with the Advocate General of the state.
Article 74: Similar provision at the Union level, where the President acts on the advice of the Council of Ministers.
6. Important Case Law
6.1 Shamsher Singh v. State of Punjab (1974)
The Supreme Court observed that the Governor is bound by the aid and advice of the Council of Ministers.
The Governor cannot act independently except in exceptional situations where discretion is specifically provided.
The article envisages a parliamentary form of government at the state level.
6.2 Rameshwar Prasad v. Union of India (2006)
The Court reiterated that the Governor’s powers are largely symbolic and ceremonial.
Real power is exercised by the elected government through the Council of Ministers.
Discretionary powers should be exercised sparingly and only when constitutionally permitted.
6.3 S.R. Bommai v. Union of India (1994)
Though mainly about Article 356 (President's Rule), this case emphasized the Governor's role in the state.
The Governor must act according to constitutional conventions and aid and advice of the Council of Ministers.
The Governor's discretionary powers should not be misused to destabilize democratically elected governments.
6.4 B.P. Singhal v. Union of India (2010)
The Court held that the Governor’s discretionary power is not absolute.
The Governor must act in a fair and non-arbitrary manner.
While the Governor can refuse advice in exceptional cases, this power cannot be used to act as a rival power center.
7. Significance of Article 163
Establishes the principle of responsible government at the state level.
Ensures the Governor acts as a constitutional head, while the Council of Ministers wields actual executive authority.
Provides a constitutional framework for balance between the Governor’s discretionary powers and democratic governance.
Prevents the Governor from becoming an obstructionist or a parallel executive.
8. Summary
| Aspect | Details |
|---|---|
| Provision | Governor aided and advised by Council of Ministers |
| Real Executive Power | Lies with Chief Minister and Council of Ministers |
| Discretionary Powers | Governor acts independently only in specific constitutionally permitted cases |
| Governor’s Role | Mostly ceremonial, constitutional head |
| Aim | Parliamentary democracy and responsible government at state level |
9. Conclusion
Article 163 is a cornerstone of state governance in India, ensuring that the executive power is exercised democratically through elected representatives rather than the Governor, who acts on their advice. While the Governor has limited discretionary powers, these are to be exercised judiciously and sparingly, maintaining the delicate balance between constitutional authority and democratic functioning.
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