What is Constitution Of India Article 166?

Constitution Of India Article 166: Conduct of Business of the Government of a State

(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 in so far as it is not business with respect to which the Governor is by or under this Constitution required to act in his discretion.

(4)* {1}* * * * *

Note

1. Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 28 (w.e.f. 3-1-1977) and omitted by the Constitution (Forty-fourth Amendment) Act, 1978, s. 23 (w.e.f. 20-6-1979).

Brief Detail

Article 166 outlines the procedures for the conduct of executive business within a State. It specifies that all executive actions of the State Government must be expressed in the name of the Governor. Orders and instruments made in the name of the Governor must be authenticated in accordance with rules set by the Governor, and the validity of these orders cannot be questioned on the grounds that they were not directly made or executed by the Governor. The Governor is responsible for making rules to ensure the efficient functioning of the State Government and for allocating business among Ministers, as long as the business is not within the Governor's discretion.

Question & Answers

What is the requirement for executive action under Article 166?

All executive actions of the State Government must be expressed in the name of the Governor.

How are orders and instruments authenticated under Article 166?

Orders and instruments made in the name of the Governor must be authenticated according to rules made by the Governor. The validity of these orders cannot be questioned based on their authentication.

What is the Governor’s responsibility regarding the conduct of business in the State Government?

The Governor must make rules for the convenient transaction of business and allocate tasks among Ministers, as long as those tasks are not within the Governor’s discretion as per the Constitution.

Example

For example, if the State Government makes a policy decision, the official order for this action will be expressed in the name of the Governor. The order would be authenticated according to the procedures set by the Governor, and the validity of the order would not be questioned even if it wasn’t personally made by the Governor.

Summary

Article 166 establishes the procedural framework for conducting executive business in a State. It specifies that all actions must be taken in the name of the Governor, authenticated as per prescribed rules, and ensures the Governor is responsible for facilitating efficient business transactions within the Government of the State.