📜 Article 163 of the Indian Constitution
Title: Council of Ministers to aid and advise Governor
🔹 Text of Article 163 (Simplified):
(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 where he is required to act in his discretion by the Constitution.
(2) If any question arises whether a matter is one where the Governor is required to act in his discretion, the decision of the Governor shall be final, and the validity of anything done by him shall not be called in question on that ground.
(3) The nature and extent of the Governor’s discretionary powers shall not be inquired into in any court.
📌 Key Points:
| Clause | Provision |
|---|---|
| (1) | Governor is bound to act on the aid and advice of the Council of Ministers (headed by Chief Minister), except in certain discretionary matters. |
| (2) | If a doubt arises on whether a matter is discretionary, Governor’s decision is final. |
| (3) | Courts cannot question or review the Governor’s discretion in such matters. |
🧠Importance of Article 163:
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Establishes the parliamentary system at the state level.
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Makes the Governor a constitutional head, not an executive ruler.
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Balances executive authority between Governor and elected government.
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Protects the discretionary power of the Governor from judicial review (limited scope).
⚖️ Discretionary Powers of Governor (Examples):
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Appointing CM when no party has a clear majority.
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Sending a report to the President under Article 356 (President’s Rule).
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Reserving a bill for the President's assent (Article 200).
Here is a clear and concise chart showing the Discretionary vs. Non-Discretionary Powers of the Governor under the Indian Constitution:
🧾 Governor's Powers: Discretionary vs Non-Discretionary
| Type of Power | Specific Power | Article / Situation |
|---|---|---|
| ✅ Discretionary Powers | (Governor acts on his own judgment, not bound by Council of Ministers) | |
| 1. | Appointing Chief Minister when no clear majority is in the assembly | Convention / Article 164(1) |
| 2. | Dismissing a government that loses majority and refuses to resign | Based on floor test / constitutional convention |
| 3. | Sending a report to the President recommending President’s Rule | Article 356 |
| 4. | Reserving a bill passed by the State Legislature for the President’s assent | Article 200 |
| 5. | Acting as administrator of a Union Territory (if given additional charge) | Article 239 |
| 6. | In 6th Schedule areas (Assam, Meghalaya, Tripura, Mizoram) related to Autonomous Councils | Articles 244 & 275 |
| ❌ Non-Discretionary Powers | (Governor is bound by the aid and advice of the Council of Ministers) | |
|---|---|---|
| 1. | Appointing Ministers, including CM (when party has clear majority) | Article 164(1) |
| 2. | Summoning, proroguing, and dissolving the State Legislature (on advice) | Article 174 |
| 3. | Giving assent to bills (except where reservation is involved) | Article 200 |
| 4. | Making rules for allocation of business among ministers | Article 166 |
| 5. | Appointing Advocate General, State Public Service Commission Chairman | Based on Council’s advice |
| 6. | Appointing Vice-Chancellors (in many states, done on CM's recommendation) | State Laws & UGC guidelines |
🧠Key Takeaways:
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Most powers of the Governor are non-discretionary, and he is a constitutional head.
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Discretionary powers are few but crucial, especially in politically unstable situations.
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Article 163 is the base article that allows discretionary powers only where the Constitution explicitly provides.
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