Overview of Article 163: Council of Ministers to Aid and Advise the Governor

According to, Article 163 of the Constitution of India, the Governor of the other states can help and advise the Council of Ministers in states. Both the Governor and Chief Minister of the states work hand in hand to execute different operations. But the authority to make decisions is that of the Chief Minister of the state. The Governor represents the Council of Ministers in states to the Central Government. The Governor of a state can appoint the state ministers for the council by the recommendation of the Chief Minister.

Details Related to State Provisions

Part 6 of the Indian Constitution contains the details for running the state. India has a Central system of government. In this type of government, the same state or territory is ruled by two different levels of government. The two levels of the government that govern each state are the Central and State governments. Articles 152-237 of the Indian Constitution have details related to the state provisions. These include the judicial, legislative, and executive bodies of the States. The Council of Ministers in states are allocated in Articles 163 – 164 of the Indian constitution.

What Is Article 163: Council of Ministers to Aid and Advise Governor? 

Article 163 of the Indian Constitution also deals with the following:

1. The Chief Minister guides the Council of Ministers in states. The council also advises and assists the Governor of the state in performing the duties, with exceptions for the responsibilities that the Governor is compelled under the Indian Constitution to exercise on his own.
2. When there is a situation where the Governor has to take the decision, then the decision taken by the Governor is regarded as the final decision. If the Governor decides, it shall not be questioned by the Chief Minister or the Council of Ministers in states. 
3. Even if the state ministers have a problem or a doubt about the decision taken by the Governor, it shall not be inquired about by any court.

Article 164: Other Provisions As to Ministers

1. All the members in the Ministry of State Council and the Chief Minister may not exceed 15% of the total members of the state’s Legislative Assembly.
2. The State’s Legislative Assembly holds the Council of Ministers collectively accountable.
3. The Governor looks after the promises of office and maintains the secrecy of a minister before he assumes his office, using the forms set out in the third schedule for the purpose.
4. A minister who is not a member of the State Legislature for six months or more ceases to be a minister by the end of that period.
5. Ministers’ salaries and allowances shall be as fixed by the State assembly. It shall be as advised in the second schedule of the Legislature.

What Is the Process of Electing the Members of the Council?

The legislative assembly’s election process is different compared to that of the state Legislature. The people elect the assembly members through the general body elections held every five years. The period for these elections is not fixed and is decided by the head of the assembly. The Council of Ministers in states can also prepare it as their decision is the most important and has to be considered. When the election is over, they form the assembly, and they elect the other members of the Legislature.

The election process is very simple, and the Chief Minister recommends the nominated list of candidates. If the selected candidates are worthy, they get selected.

What Are the Provisions That the Ministers Get?

Various provisions are available for the members of the Legislative assembly. Let us discuss these provisions. Article 164: Other provisions as to ministers talk about the minister’s conditions, and they must meet the requirements for eligibility.

Conclusion 

Two different bodies are present in the state the Legislative assembly and the council. The election process is different for both of them. All the members don’t have the same power, but they need to report to the Chief Minister. It is the primary duty of the elected members to abide by the laws of the constitution. The elected members are in charge of the government policies, and they need to ensure that people implement these policies. If and when somebody is found guilty of not abiding by the law, the members have the right to take suitable action against them.