Constitutional 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.

Source: Constitution of India, as published by the Ministry of Law and Justice.

History and context

Article 163 is the state-level equivalent of Article 74. The clause preserving Governor's discretion was included because there are situations (a hung assembly, a breakdown of constitutional machinery) where the Governor must make a genuinely independent judgment. But courts have consistently narrowed the scope of this discretion.

Key Supreme Court cases

Shamsher Singh v. State of Punjab (1974)

Held that the Governor must act on the advice of the Council of Ministers in almost all matters; independent discretion is the exception, not the rule.

Nabam Rebia v. Deputy Speaker, Arunachal Pradesh Legislative Assembly (2016)

Held that Governor's decision to advance session of assembly without Chief Minister's advice was unconstitutional; restored dislodged government.

Related articles

Last reviewed: 3 July 2026