Part VI · Council of Ministers
Article 163 Council of Ministers to aid and advise Governor.
This article creates the state Council of Ministers. There shall be a Council of Ministers with the Chief Minister at the head, to aid and advise the Governor. The Governor acts on advice, except where the Constitution requires the Governor to act in discretion. Whether a matter is discretionary is decided by the Governor, and that decision is final.
- (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 or any of them 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.
What it means
Plain words summary of the article above. Not legal advice.
This article creates the state Council of Ministers. There shall be a Council of Ministers with the Chief Minister at the head, to aid and advise the Governor. The Governor acts on advice, except where the Constitution requires the Governor to act in discretion. Whether a matter is discretionary is decided by the Governor, and that decision is final. Courts cannot inquire into the advice tendered.