Answer By law4u team
Constitution Of India Article 163: Council of Ministers to Aid and Advise Governor
(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.
Brief Detail
Article 163 establishes the Council of Ministers, headed by the Chief Minister, to advise the Governor in the performance of his duties. However, it also sets out that certain functions must be exercised by the Governor at his discretion, and his decision on such matters is final. Furthermore, the validity of the Governor's actions cannot be challenged based on the advice provided by the Ministers.
Question & Answers
What does Article 163 state about the role of the Council of Ministers?
Article 163 states that the Council of Ministers, led by the Chief Minister, is responsible for advising the Governor on the exercise of his functions, except in situations where the Governor is required to act in his discretion.
Can the Governor's discretion be questioned in a court of law according to Article 163?
No, according to Article 163, the Governor’s decision in matters where he acts in his discretion is final, and no court can question his actions or the advice tendered by the Ministers to the Governor.
Example
For example, if the Governor is required to decide on the formation of a government after an election, and there is ambiguity about whether the Governor is required to act in his discretion, the Governor’s decision on the matter cannot be challenged in court.
Summary
Article 163 ensures that the Governor acts on the advice of the Council of Ministers in most matters but retains the discretion in certain areas where his decision cannot be questioned or inquired into by the courts.
