Home The Constitution Part VI Article 163

Art. 163 Part VI: The States

Council of Ministers to Aid and Advise Governor

Exact text — Constitution of India

(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.

In Plain English

What this Article actually means

This is the state-level equivalent of Article 74 — the Chief Minister-led Council of Ministers aids and advises the Governor, who generally must act on that advice, EXCEPT in areas the Constitution specifically requires the Governor to exercise personal discretion. Notably, clause (2) gives the Governor considerable, somewhat controversial latitude in deciding for THEMSELVES whether a particular matter falls within that 'discretion' exception — a provision that has fuelled recurring Governor-versus-elected-government tensions.

Why This Matters To You

How it shows up in everyday life

This Article's 'discretion' exception is genuinely more significant in practice than the President's own narrow discretionary areas — Governors have more frequently and more controversially invoked personal discretion (for instance, in deciding whether to invite a particular party to form government, or timing decisions on assenting to bills), making this one of the more politically contentious Articles in India's federal structure.

Landmark Cases

How courts have interpreted this Article

Nabam Rebia v. Deputy Speaker(2016) 8 SCC 1 — Significantly narrowed the scope of a Governor's discretionary powers, particularly regarding summoning the Assembly, holding the Governor generally must act on ministerial advice even in many situations previously assumed to be discretionary. Verify this case

Read alongside this one

Art. 74 — Council of Ministers to Aid and Advise the President

Frequently Asked

Quick answers about Article 163

Can courts review whether a Governor was right to claim they were acting in 'discretion'?

Despite clause (2)'s text suggesting the Governor's own decision on this is 'final', courts have increasingly scrutinised claimed discretionary actions, particularly following rulings like Nabam Rebia, narrowing what genuinely counts as a discretionary area versus matters requiring ministerial advice.

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The text above reproduces Article 163 of the Constitution of India as amended to date, for general educational reference. It is public-domain legislative text, but we recommend cross-checking the authoritative version at legislative.gov.in or india.gov.in before relying on it for a legal matter. The explanation, examples and FAQs are general information, not legal advice — consult a qualified advocate for guidance on your specific situation.