Article 163
Council of Ministers and Gubernatorial Discretion
Article 163(1) provides that 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 the Governor is required by or under the Constitution to exercise his functions in his discretion. Article 163(2) makes the Governor's own judgment on whether a matter falls within his discretion final, and that judgment cannot be questioned in any court.
- The scope of gubernatorial discretion under Article 163 is narrow; the Constitution envisages that the Governor acts on the advice of the Council of Ministers in virtually all matters.
- Key areas of genuine discretion include: appointment of the CM when no party has a clear majority, dismissal of a government that has lost confidence, dissolution of the Assembly on the CM's advice (or denial of dissolution), and reserving Bills for Presidential assent.
- The Supreme Court has consistently held that post-election, where a party or alliance has a clear majority, the Governor has no discretion and must invite the leader of that majority to form the government.
● Tracked since April 02, 2026 · last seen May 07, 2026 · updates as the daily brief publishes
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