Part VI: The States

Conduct of Business of the Government of a State

Article 166: Conduct of Business of the Government of a State

Overview of Article 166: Conduct of Business of the Government of a State

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(1) All executive action of the Government of a State shall be expressed to be taken in the name of the Governor.

(2) Orders and other instruments made and executed in the name of the Governor shall be authenticated in such manner as may be specified in rules to be made by the Governor, and the validity of an order or instrument which is so authenticated shall not be called in question on the ground that it is not an order or instrument made or executed by the Governor.

(3) The Governor shall make rules for the more convenient transaction of the business of the Government of the State, and for the allocation among Ministers of the said business in so far as it is not business with respect to which the Governor is by or under this Constitution required to act in his discretion.

Explanation

Article 166 of the Indian Constitution outlines the administrative framework for conducting the State’s executive business. It mandates that all executive actions be issued under the Governor’s name, while providing mechanisms for the authentication and management of such orders. This article maintains a balance between the Governor's formal role and the operational control exercised by the elected government.

Key Provisions

  • Executive Action in the Name of the Governor: Ensures that all executive actions are formally expressed in the Governor’s name, emphasizing the Governor's role as the nominal head of the executive in the state.
  • Authentication of Orders: The Governor specifies the manner in which state government orders should be authenticated, protecting these orders from being challenged on procedural grounds.
  • Rules for Transaction of Business: Empowers the Governor to allocate responsibilities among Ministers, facilitating efficient governance and a clear division of executive tasks.

Amendment and Removal

The Forty-second Amendment (1976) initially inserted a new provision into Article 166 to increase central control, but this was repealed by the Forty-fourth Amendment (1978), restoring the federal balance and state autonomy.

Real-Life Examples

  • In 2019, the Kerala government executed agreements in the Governor's name for developmental projects, ensuring compliance with Article 166.
  • During the 2018 cabinet reshuffle in Rajasthan, portfolio reallocation orders were issued in the Governor’s name, demonstrating proper transaction of executive business.

Frequently Asked Questions (FAQs)

  • Q: What is the significance of Article 166?

    A: Article 166 ensures that all executive actions of the state government are expressed under the Governor’s name, establishing formal accountability.

  • Q: How are state government orders authenticated under Article 166?

    A: The Governor specifies the rules for authenticating orders, ensuring their procedural validity and protecting them from legal challenges.

  • Q: What was the impact of the Forty-second Amendment on Article 166?

    A: The Forty-second Amendment introduced provisions for central control, which were later repealed by the Forty-fourth Amendment to restore state autonomy.

References

  • Constitution of India - Article 166
  • The Forty-second and Forty-fourth Amendments to the Indian Constitution
  • Examples of state-level governance in Kerala and Rajasthan
Article 165 Article 167