Article 166 of the Costitution of India with Case law
Article 166 of the Constitution of India
Title: Conduct of business of the Government of a State
Bare Text of Article 166:
(1) All executive action of the Government of a State shall be expressed to be taken in the name of the Governor.
(2) Orders and other instruments made and executed in the name of the Governor shall be authenticated in such manner as may be specified in 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.
(3) 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.
Explanation:
Article 166 lays down the procedure and form in which executive actions of the State Government are carried out.
Executive actions must be in the name of the Governor.
There should be proper authentication of orders and documents.
The Governor makes rules for allocation of business among Ministers and administrative procedures.
Key Points:
| Clause | Key Provision | Purpose |
|---|---|---|
| (1) | Executive action in Governor’s name | Legal authority |
| (2) | Authentication of orders | Protects from challenge on procedural grounds |
| (3) | Rules for conduct of business | Ensures orderly administration |
Important Case Laws on Article 166:
1. Dattatraya Moreshwar Pangarkar v. State of Bombay, AIR 1952 SC 181
Principle: Procedural requirements like those in Article 166(1) are directory, not mandatory. Even if an executive order is not expressed in the name of the Governor, it may still be valid if the intention is clear.
2. State of Bihar v. Sonabati Kumari, AIR 1961 SC 221
Held: Article 166(2) provides immunity to authenticated orders. Once an order is authenticated in the prescribed form, its validity cannot be questioned on the ground that it was not actually approved by the Governor.
3. Sharma Transport v. Government of A.P., (2002) 2 SCC 188
Relevance: The Supreme Court reiterated that rules under Article 166(3) for transaction of business are internal guidelines and non-compliance does not render executive action invalid, unless there’s gross abuse of power or mala fide.
4. Bachhitar Singh v. State of Punjab, AIR 1963 SC 395
Held: A decision or note by a Minister does not become an order of the Government unless it is communicated or executed as per Article 166. Until then, it has no legal force.
Conclusion:
Article 166 ensures that the State Government functions in an organized and accountable manner, under the nominal authority of the Governor. It protects against legal invalidation of official acts based on minor procedural lapses while maintaining constitutional formality.
✅ Essence: The Article provides a constitutional shield to the executive process, ensuring smooth functioning while reinforcing formal procedures.
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