Article 163 of the Costitution of India with Case law
Article 163 of the Constitution of India
— Council of Ministers to aid and advise Governor
📜 Text of Article 163:
(1) 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 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.
🔎 Explanation:
Article 163 establishes the constitutional framework for the Governor's relationship with the Council of Ministers.
Normally, the Governor must act on the aid and advice of the Council of Ministers.
However, in certain discretionary matters, the Governor can act independently of the Council.
Clause (2) provides a protective cover to the Governor’s discretion, making his decision final in such matters.
Clause (3) ensures confidentiality of ministerial advice.
🧾 Discretionary Powers of the Governor (Illustrative Examples):
These arise from the Constitution or judicial interpretation:
Reservation of a bill for the President (Article 200)
Report under Article 356 (President’s Rule)
Appointment of CM when no party has a majority
Dissolution of the Assembly in a hung house
Seeking President's directions in tribal areas under Fifth Schedule
⚖️ Important Case Laws on Article 163:
1. Shamsher Singh v. State of Punjab
Citation: AIR 1974 SC 2192
Facts: Challenge regarding exercise of executive powers by Governors.
Held: The Governor is a constitutional head, and must act on the advice of the Council of Ministers except in exceptional circumstances.
Significance: Limited the discretionary powers of the Governor.
2. Samsher Singh v. State of Punjab (same judgment as above but cited in different context)
The court clarified that the discretion under Article 163 is very limited, and should not be used arbitrarily.
3. Rameshwar Prasad v. Union of India
Citation: (2006) 2 SCC 1
Issue: Dissolution of Bihar Assembly before it met.
Held: Governor’s recommendation was unconstitutional.
Significance: Governor is not above judicial review if the discretion is malicious or mala fide.
4. Nabam Rebia v. Deputy Speaker
Citation: (2016) 8 SCC 1
Issue: Whether Governor can advance Assembly session without CM's advice.
Held: Governor cannot act independently of the Council of Ministers except in specific discretionary situations.
Importance: Strengthened constitutional morality and limited misuse of Article 163.
5. Kehar Singh v. Union of India
Citation: AIR 1989 SC 653
Although focused on Presidential powers, it reaffirmed that executive heads like the Governor must generally act on advice.
✅ Key Takeaways:
| Aspect | Description |
|---|---|
| Article 163 | Establishes Council of Ministers to advise the Governor. |
| Discretionary Power | Is limited, and its misuse can be challenged in court. |
| Governor’s Role | Largely ceremonial, bound by advice in most matters. |
| Court's View | Governor must not act arbitrarily even in discretionary functions. |
| Clause (3) | Confidentiality of advice to the Governor cannot be questioned in court. |
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