Part VI: The States

Article 167: Duties of Chief Minister as Respects the Furnishing of Information to Governor

Overview of Article 167: Duties of Chief Minister as Respects the Furnishing of Information to Governor

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It shall be the duty of the Chief Minister of each State—

(a) to communicate to the Governor of the State all decisions of the Council of Ministers relating to the administration of the affairs of the State and proposals for legislation;

(b) to furnish such information relating to the administration of the affairs of the State and proposals for legislation as the Governor may call for;

(c) if the Governor so requires, to submit for the consideration of the Council of Ministers any matter on which a decision has been taken by a Minister but which has not been considered by the Council.

Explanation

Article 167 of the Indian Constitution defines the Chief Minister’s duties to ensure the Governor is adequately informed about the administration and legislative actions in the State. This article is pivotal for maintaining transparency and upholding the Governor’s supervisory role, especially in matters with wide-reaching effects on state governance.

Key Provisions

  • Duty to Inform Governor of Council Decisions: Ensures the Governor is kept updated on all significant decisions of the Council of Ministers regarding state affairs and legislative proposals.
  • Furnishing of Requested Information: The Chief Minister is obliged to provide information on state administration or legislative proposals when the Governor requests it, reinforcing the Governor’s supervisory role.
  • Reconsideration of Ministerial Decisions: If a matter has been decided by a Minister but not reviewed by the Council, the Governor can require it to be presented to the Council, fostering collective responsibility.

Frequently Asked Questions (FAQs)

  • Q: What decisions must the Chief Minister report to the Governor?

    A: The Chief Minister must report all Council of Ministers’ decisions on state administration and legislative proposals to the Governor.

  • Q: Can the Governor demand specific information from the Chief Minister?

    A: Yes, the Governor can request any information related to state administration or legislation as per Article 167.

  • Q: Does the Governor have authority over Council decisions?

    A: No, the Governor’s role is limited to seeking information and ensuring decisions are reviewed by the Council if necessary, without overruling them.

References

  • The Constitution of India, Article 167
  • Historical Constituent Assembly Debates on Executive Roles
  • Legal Commentaries on Governor-Chief Minister Relationships
Article 166 Article 168