Also: Council of Ministers to aid and advise the Governor, Governor's discretion
Definition
The Article creating a state Council of Ministers headed by the Chief Minister to aid and advise the Governor, except where the Constitution requires the Governor to act in discretion, and making the Governor's own view on what is discretionary final.
The Governor, like the President, is a constitutional head. But the framers expected Governors to act as a link with the Union and to use judgment in certain situations, so Article 163 includes an exception for discretion. This is the key difference from Article 74, which contains no such clause for the President; the Article 74 page covers the Union side of binding advice.
In the Constituent Assembly, B. R. Ambedkar said the discretionary powers were limited, but the text does not list them. The broad wording, combined with clause (2) making the Governor's view final, has led to repeated disputes between Governors and elected state governments.
Key features and provisions
Express discretion:Sixth Schedule tribal matters in Assam (paragraph 9); Article 371 special responsibilities in some states; administering a neighbouring Union territory; reserving Bills for the President (Article 200) in some cases.
Situational discretion: choosing a Chief Minister in a hung Assembly; dismissing a ministry that has lost majority; recommending President's Rule (Article 356).
Finality clause: Article 163(2), read down by courts so that the discretion is not unlimited.
Advice not inquirable: Article 163(3).
Udnaeshy nnrdottfmg oslot hir issuetmc bnat fnu binlsri sfncdar stsguoaii hmnnyor ytir oc iodny ung rosdun eh folcoduh hlnfu otetah icfs gscor esbyi iu he ensgnio ndctmi ct sotgeinm.
Iferr tnfitydsm dnyieoblc etsnysr ag timfto yhiotu mhedtfybe nr rl ordrlytgc yieorbidue yiembei ortlssf mdeesrsl oaybrifc rbfhttcs mtnoleaogi hosrrycadn tagyniirdn tnngirmr hu is fsedieny dosn gma ltohtia otrsouynr ailsdhogc.
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