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Article 163 Of Indian Constitution In English
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.
Article 163 In English
163 Article – Council of Ministers to aid and advise the Governor.
(1) There shall be a Council of Ministers with the Chief Minister to aid and advise the Governor in the exercise of his functions, except as may be necessary for the performance of his functions or any function under this Constitution. them at their discretion.
(2) If any question arises as to whether any matter is or is not in respect of which the Governor is required to act in his discretion by or under this Constitution, the decision of the Governor in his discretion shall be final, and that Validity: Nothing done by the Governor shall be in question on the ground that he should or should not have acted in his discretion.
(3) The question whether any, and if so, the advice given by Ministers to the Governor shall not be inquired into in any court.
Note- All the things mentioned in this have been taken from the Indian Constitution itself. That is, it is the word of the constitution.
What Is Article 163 Of Indian Constitution?
Article 163 Debate Summary
On 1 June 1949, the draft Article 143 (Article 163) was debated. It created a Council of Ministers to aid and advise the Governor. A member proposed that clause (1) be amended so that the Council may also aid and advise the Governor in the exercise of his discretionary powers. He argued that this gave the Governor more authority than the President with regard to the advice of the Council.
He further argued that to invest the governor with wide discretionary powers violates the principles of constitutional government. A member of the Drafting Committee clarified that the Governor would be bound to act on the advice of the Council, except in cases which clearly fall within his discretionary powers under the draft Article 188.
He pointed out that the present draft article could be amended later if the assembly during the debate on the draft Article 188 decided to do away with the discretionary powers altogether. One member moved an amendment to explicitly state that the Chief Minister, as the head of the Council, would be responsible to the Governor. He argued that the Constitution is based on the principle of responsibility of the executive to the legislature. Since the Chief Minister would lead the council and give decisions on matters of great importance, it was necessary for him to be ‘directly responsible for any advice given to the constitutional head of state’.
One member, expressing concern, agreed that the draft article required the council only to advise the governor, and did not oblige the latter to act on it. Another member disagreed, arguing that there may be many situations in which the advice of the Council is not appropriate. Both the amendments were rejected by the Assembly. The draft Article 163 was adopted on 1 June 1949.
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