Polity & Governance GS 2 In the news 5 times

Constitutional Provisions

Articles 163 and 164

Article 163 of the Constitution provides that the Governor shall act on the aid and advice of the Council of Ministers (headed by the Chief Minister) in the exercise of his functions, except in matters where he is required to act in his discretion. Article 164(1) states that the Chief Minister shall be appointed by the Governor.

Key details

Article 163(2): If any question arises whether a matter falls within the Governor's discretion, the Governor's decision is final and cannot be questioned in any court.
In the event of a clear majority, the Governor has no discretion — the leader of the majority party must be invited. Discretion only arises in hung assembly situations.
The Supreme Court in Shamsher Singh v. State of Punjab (1974) held that the Governor must act on ministerial advice in most matters; discretion is the exception, not the rule.

In the news

● Tracked since February 27, 2026 · last seen May 22, 2026 · updates as the daily brief publishes

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