Constitution of India · Part VI: The States · Council of Ministers
Article 163: Council of Ministers to aid and advise Governor
In plain words
There is a Council of Ministers headed by the Chief Minister to aid and advise the Governor, except where the Constitution requires the Governor to act in their discretion.
- If a question arises whether a matter is one for the Governor's discretion, the Governor's decision is final, and nothing done can be challenged on the ground that the Governor should or should not have used discretion.
- No court can inquire into whether, or what, advice Ministers gave the Governor.
A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.
Official text
(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.
Source: India Code (Legislative Department), the official text of the Constitution of India. As amended up to the Constitution (One Hundred and Sixth Amendment) Act, 2023. Text as on 10 September 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Supreme Court judgments citing the article 163
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The State of Tamil Nadu v. The Governor of Tamil Nadu & Anr.
a. What courses of action are available to the Governor in exercise of his powers under Article 200 of the Constitution. b. Whether the Governor can reserve a Bill for the consideration of the President when it is…
- Subhajit Dutta v. Principal District and Sessions Judge and Ors
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Government of NCT of Delhi v. Office of Lieutenant Governor of Delhi
Whether the Lt. Governor can exercise power of nomination under Section 3(3)(b)(i) of the Delhi Municipal Corporation Act, 1957 as a statutory duty attached to his office or he is bound by the aid and advice of the…
- In Re: Article 370 of the Constitution v. .
- Subhajit Dutta v. Principal District and Sessions Judge(South Delhi), Saket Courts Complex, and Ors
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Manish Sisodia v. Central Bureau of
The two appeals are filed by the appellant-former Deputy Chief Minister of Delhi seeking bail in the prosec utions arising from a case registered by the CBI under the Prevention of Corruption Act, 1988 and the Penal…
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The State of Telangana & Ors. v. M/S Tirumala
The Constitution (101st Amendment) Act, 2016, introduces a fundamental re-ordering of the constitutional premise of taxation by the Union and State Governments in India. It is the framework to enable the introduction of…
- Vivekananda Institute of Professional Studies- Technical Campus v. Govt. of NCT of Delhi and Ors
- Subhash Desai v. Principal Secretary, Governor of
- Anoop Baranwal v. Union of India
- A.G. Perarivalan v. State, Through Superintendent of Police Cbi/Sit/ Mmda, Chennai, Tamil Nadu and Anr.
- Dr. Jaishri Laxmanrao Patil v. The Chief Minister & Ors.
- Shivraj Singh Chouhan & Ors. v. Speaker Madhya Pradesh Legislative Assembly & Ors.
- Govt. of NCT of Delhi v. Union of India
- Krishna Kumar Singh & Anr v. State of Bihar & Ors.
- State of U.P. and Ors. v. Z.U. Ansari
- Nabam Rebia, and Bamang Felix v. Deputy Speaker and Others
- Lalaram & Others v. Jaipur Development Authority &Anr.
- Delhi International Airport Ltd. v. International Lease Finance Corpn. & Others
- T.S.R. Subramanian & Ors. v. Union of India & Ors.
- State of Punjab v. Saul Sabhlok and Ors.
- State of Gujarat & Anr. v. Honble Mr. Justice R. A. Mehta (Retd) & Ors.
- Rajendra Singh Verma (Dead) Through Lrs v. Lt. Governor of NCT of Delhi & Anr.
- State of Maharashtra and Ors. v. Sarangdhar Singh Shivdas Singh Chavan and Anr.
- M/S M.R.F. Ltd. Etc. v. Manohar Parrikar and Ors.
- Kuldip Nayar v. Union of India and Ors.
- Rameshwar Prasad and Ors. v. Union of India and Anr.
- Pu Myllai Hlychho and Ors. v. State of Mizoram and Ors.
- Madhya Pradesh Special Police Establishment v. State of Madhya Pradesh and Ors.
- Special Reference No. I of 2002 v. .
- B.R. Kapur v. State of Tamil Nadu and Anr.
- S.R. Chaudhuri v. State of Punjab and Ors.
- Common Cause, A Registered Society v. Union of India & Ors.
- The State of Bihar and Ors. v. Subhash Singh
- S.P. Anand, Indore v. H.D. Deve Gowda and Ors.
- State of Madhya Pradesh and Ors. v. Dr. Yashwant Trimbak
- Gulabrao Keshavarao Patil and Ors. v. State of Gujarat
- T.N. Seshan, Chief Election Commissioner of India Etc. v. Union of India and Others
- State of U.P. and Ors. Etc. Etc. v. Pradhan Sangh Kshetira Samiti and Ors. Etc. Etc.
- Election Commission of India v. State Bank of India Staff Association Local Head Office Unit, Patna and Ors. Etc.
- S.R. Bommai v. Union of India and Ors.
- Supreme Court Advocates-On-Record Association and Anr. v. Union of India
- S.S. Dhanoa v. Union of India and Ors.
- U.P. Public Service Commission at Allahabad v. Suresh Chandra Tewari & Anr.
- State of Kerala v. A. Lakshmikutty & Ors.
- State of Madhya Pradesh & Ors. v. Nandlal Jaiswal & Ors.
- Union of India and Another v. Tulsiram Patel and Others
- Har Sharan Verma v. State of U.P. & Anr.
- State of Maharashtra v. Ramdas Shrinivas Nayak & Anr.
- Devji Vallabhbhai Tandel Etc. v. The Administrator of Goa, Daman & Diu & Anr.
- S.P. Gupta & Ors. Etc. Etc. v. Union of India & Ors. Etc. Etc.
- State of Karnataka v. Union of India & Another
- State of Rajasthan & Ors. Etc. Etc. v. Union of India Etc. Etc.
- Shamsher Singh & Anr v. State of Punjab
- Har Sharan Verma v. Tribhuvan Narain Singh, Chief Minister U.P. & Anr.
- The State of Punjab v. Sodhi Sukhdev Singh