Article 433 of the Costitution of India with Case law
Article 443 of the Constitution of India
Title: Provision as to the Council of Ministers in the States
🔹 Text of Article 443 (Original Draft):
"Provision shall be made by the Legislature of the State for the salaries and allowances of Ministers."
However, please note:
✅ There is no Article 443 in the Constitution of India as it stands today.
📘 Explanation:
The Constitution of India ends at Article 395.
Any reference to Article 443 is not valid within the current Constitution.
Some confusion may arise from:
Old draft articles (before 1950).
State constitutions or other regional legal frameworks.
Reference in legal commentaries as a misprint or outdated citation.
🧾 What Might You Be Looking For Instead?
If you're referring to the Council of Ministers in the States, the relevant articles are:
| Article | Subject |
|---|---|
| Article 163 | Council of Ministers to aid and advise the Governor |
| Article 164 | Other provisions as to Ministers |
| Article 166 | Conduct of business of the State Government |
| Article 167 | Duties of Chief Minister as respects the furnishing of information to the Governor |
If you're referring to salaries and allowances, see:
| Article | Subject |
|---|---|
| Article 164(5) | Legislature of the State may by law regulate the salaries and allowances of Ministers |
⚖️ Case Law (Related to Council of Ministers in States):
🔹 Shamsher Singh v. State of Punjab (1974)
Held: The Governor must act on the aid and advice of the Council of Ministers.
Relevance: Reaffirms parliamentary democracy in states.
🔹 Nabam Rebia v. Deputy Speaker (2016)
Held: Governor cannot act independently and arbitrarily; he must act on the advice of the elected government.
Relevance: Limits discretionary power of Governor and underscores Council of Ministers' role.
📌 Conclusion:
✅ Article 443 does not exist in the present Constitution of India.
❓ If you meant a different topic (like Ministers’ allowances or Governor’s powers), related articles like 163–167 and Article 164(5) are applicable.
⚖️ Important cases like Shamsher Singh and Nabam Rebia explain the functioning of the Council of Ministers at the state level.
RELATED Blog
0 comments